
Sophia is a student at Harvard Law School. Prior to law school she was an organizer at SEIU 32BJ in New York City where she helped building service workers unionize. She is on the bargaining committee for the Harvard Graduate Student Union's (HGSU-UAW Local 5118) current contract campaign.
In today’s news and commentary, the Michigan Supreme Court grants heightened judicial scrutiny over employment contracts that shorten the limitations period for filing civil rights claims; the California Labor Commission gains new enforcement power over tip theft; and a new Florida law further empowers employers using noncompete agreements.
Michigan law grants workers a three-year limitations period to bring a civil rights claim against their employer. However, some employers deploy a boilerplate employment contract that shortens that window to just six months. On Thursday, in a 5-1 opinion in the case of Rayford v. American House Roseville I LLC, the Michigan Supreme Court held that a boilerplate employment agreement that shortens the statute of limitations period for civil rights claims below three years must be reviewed by judges for reasonableness in addition to unconscionability. The state court also noted that an adhesion contract — a contract where the parties are of such disproportionate bargaining power that the weaker party could not have negotiated changes to the terms — may be procedurally and substantively unconscionable. The decision is a win for workers across the state who feel forced to sign unreasonable employment contracts in order to make a living.
On Wednesday, California Governor Gavin Newsom signed SB 648 into law, which authorizes the State Labor Commissioner to investigate and issue a citation or file a civil action against any employer found guilty of withholding or taking their workers’ tips. Before SB 648 employees were only able to pursue lengthy civil court actions to recuperate stolen gratuities even though Section 351 of the California Labor Code declared “[e]very gratuity” to be the “sole property” of the worker who received the tip. The state labor commission’s new enforcement power over tip theft under SB 648 will hopefully deter employers from violating the law and help workers avoid lengthy and draining litigation.
Florida lawmakers passed the Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act, which went into effect on July 1. Under the new law, Florida employers may now restrict their former employees and independent contractors from working for a competitor for up to four years by issuing a covered garden leave agreement or a covered noncompete agreement. The CHOICE Act establishes that these two types of covered agreements are not restraints of trade or attempts to monopolize commerce and even more notably, requires a court to issue a preliminary injunction upon a covered employer’s motion seeking enforcement of an agreement. To get a preliminary injunction, a covered employer no longer has to show that it has a legitimate business interest to protect, that the former employee disclosed confidential information, or that the employer will suffer irreparable harm absent an injunction. This law empowers Florida employers to win preliminary injunctions against former employees on an allegation of breach of a covered agreement alone.
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
October 8
In today’s news and commentary, the Trump administration threatens no back pay for furloughed federal workers; the Second Circuit denies a request from the NFL for an en banc review in the Brian Flores case; and Governor Gavin Newsom signs an agreement to create a pathway for unionization for Uber and Lyft drivers.
October 7
The Supreme Court kicks off its latest term, granting and declining certiorari in several labor-related cases.
October 6
EEOC regains quorum; Second Circuit issues opinion on DEI causing hostile work environment.
October 5
In today’s news and commentary, HELP committee schedules a vote on Trump’s NLRB nominees, the 5th Circuit rejects Amazon’s request for en banc review, and TV production workers win their first union contract. After a nomination hearing on Wednesday, the Health, Education, Labor and Pensions Committee scheduled a committee vote on President Trump’s NLRB nominees […]
October 3
California legislation empowers state labor board; ChatGPT used in hostile workplace case; more lawsuits challenge ICE arrests
October 2
AFGE and AFSCME sue in response to the threat of mass firings; another preliminary injunction preventing Trump from stripping some federal workers of collective bargaining rights; and challenges to state laws banning captive audience meetings.