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Category:Wage & Hour

Uber, Overtime, and the Taxicab Exemption

May 6, 2019 Randon Herrera

As the debate over the employment status of Uber drivers continues, one employment benefit raises a set of questions not presented by the others: overtime pay. Uber has suggested that if it is forced to reclassify its drivers as employees, it will cap its drivers’ hours to escape having to pay time-and-a-half for overtime work. It […]

The DOL’s Proposed Joint Employer Rule: Frances Perkins Would not be Pleased

Apr 17, 2019 Kate Griffith

On April 1, 2019, the U.S. DOL proposed a new interpretation of joint employer liability under the Fair Labor Standards Act (FLSA). DOL’s four-factor test focuses exclusively on whether an entity “actually exercises the power to” hire and fire, supervise and control working conditions, determine rates and methods of payment and maintain employment records. This […]

Post-Dynamex, California Legislature Takes Up the Worker Classification Question

Mar 1, 2019 Marissa Marandola

Last spring, the California Supreme Court sent shockwaves through the gig economy with its ruling in Dynamex Operations West, Inc., in which it held that the so-called ABC test is the appropriate one for determining whether a worker is an independent contractor or an employee under California wage and hour law. Over the summer, the […]

Can Employers Outsource Retaliation to Their Lawyers? The Ninth Circuit Says No

Feb 20, 2019 Hillary Black

This January, undocumented dairy worker José Arias secured a million-dollar settlement in a Fair Labor Standards Act retaliation suit against the dairy’s lawyer. The settlement follows a 2017 ruling from the Ninth Circuit that extended the scope of retaliation liability to lawyers who are not “employers.” In an employment landscape where immigration-based retaliation is rampant, […]

February 17, 2019
News & Commentary

Marissa Marandola

On Thursday, Illinois state lawmakers passed a bill that will raise the state’s minimum wage to $15 per hour by 2025. The $15 minimum wage was a campaign staple and top legislative priority for Democratic Governor J.B. Pritzker, who announced in a statement that he would “proudly sign this historic legislation” on Tuesday. At present, […]

Worker Voice Beyond Wages, Hours and Terms and Conditions of Employment

Jan 17, 2019 Sharon Block

This week, United Teachers Los Angeles called their first strike in decades. While the parties are negotiating over wages and staffing, a central issue in the dispute is the much bigger question of underfunding of the public school system. Teachers are asking for smaller class sizes, repairs to crumbling school buildings, and the hiring of […]

Forced To Work Without Pay: Do Federal Employees Have a Thirteenth Amendment Claim?

Jan 15, 2019 Noah Zatz

The federal government shutdown is precipitating a wave of lawsuits and talk of sick-outs and strikes. That should be no surprise when approximately 400,000 federal employees are being required to work without pay. Wait, “required.”? Talk of being “forced” or “compelled” to work naturally raises questions about the 13th Amendment, which prohibits “involuntary servitude.” Indeed, […]

Today’s News & Commentary — September 7, 2018

Sep 7, 2018 Jenny Braun

Jobs don’t fall prey to higher minimum wages, according to researchers at U.C. Berkeley. Completing the first comprehensive empirical study of its kind, Sylvia Allegretto, Anna Godoey, Carl Nadler, and Michael Reich analyzed the impact of incremental wage increases in six cities – Chicago, D.C., Oakland, San Francisco, San Jose, and Seattle. The researchers intend […]

Stacking the Docket for Boston Workers

Jul 11, 2018 Catherine Ordoñez

A coalition of legal organizations in Boston, including Greater Boston Legal Services (“GBLS”), Justice at Work, the Harvard Legal Aid Bureau (“HLAB”), and Volunteer Lawyers Project, in collaboration with community groups in Boston, is bringing justice to victims of wage theft in Boston Municipal Court (“BMC”) Central’s small claims court. The coalition has engineered an […]

Today’s News & Commentary — July 2, 2018

Jul 2, 2018 Jenny Braun

Minimum wages are rising across the country. On Sunday, San Francisco’s minimum wage reached $15 an hour for all businesses, the highest rate of any major U.S. city. (Seattle’s $15 minimum in effect last year applies only to large businesses with 501 or more employees.) An estimated 142,000 workers will see a raise, but they […]

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OnLabor

Law. Workers. Organizing.

OnLabor is a blog devoted to workers, unions, and their politics. We interpret our subject broadly to include the current crisis in the traditional union movement (why union decline is happening and what it means for our society); the new and contested forms of worker organization that are filling the labor union gap; how work ought to be structured and managed; how workers ought to be represented and compensated; and the appropriate role of government — all three branches — in each of these issues.

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Uber, Overtime, and the Taxicab Exemption

The DOL’s Proposed Joint Employer Rule: Frances Perkins Would not be Pleased

Post-Dynamex, California Legislature Takes Up the Worker Classification Question

Can Employers Outsource Retaliation to Their Lawyers? The Ninth Circuit Says No

February 17, 2019

Worker Voice Beyond Wages, Hours and Terms and Conditions of Employment

Forced To Work Without Pay: Do Federal Employees Have a Thirteenth Amendment Claim?

Today’s News & Commentary — September 7, 2018

Stacking the Docket for Boston Workers

Today’s News & Commentary — July 2, 2018