Jon Weinberg is a student at Harvard Law School.
Earlier in September, The Wall Street Journal reported that another California regulatory agency found an Uber driver to be an employee rather than an independent contractor:
The California Employment Development Department last month ruled that a former driver for Uber acted more like an employee than a contractor because the company controlled “every aspect” of the driving experience and held the right to terminate the driver at will, according to a copy of an administrative judge’s decision. Uber was asked to pay unemployment benefits to the former driver, whose name was withheld from the decision.
According to The Guardian, the California Employment Development Department’s decision was appealed and upheld twice, first by an administrative law judge and then by an Appeals Board. This decision comes after the California Labor Commission separately found another Uber driver was an employee of Uber in June. While neither administrative ruling sets precedent, they were both premised on Uber’s right to control drivers, the operative test at play in a pending class action in California currently before U.S. District Judge Edward Chen and scheduled for a jury trial next year.
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March 19
WNBA and WNBPA reach verbal tentative agreement, United Teachers Los Angeles announce April 14 strike date, and the California Gig Workers Union file complaint against Waymo.
March 18
Meatpacking workers go on strike; SCOTUS grants cert on TPS cases; updates on litigation over DOL in-house agency adjudication
March 17
West Virginia passes a bill for gig drivers, the Tenth Circuit rejects an engineer's claims of race and age bias, and a discussion on the spread of judicial curtailment of NLRB authority.
March 16
Starbucks' union negotiations are resurrected; jobs data is released.
March 15
A U.S. District Court issues a preliminary injunction against the Department of Veterans Affairs for terminating its collective bargaining agreement, and SEIU files a lawsuit against DHS for effectively terminating immigrant workers at Boston Logan International Airport.
March 13
Republican Senators urge changes on OSHA heat standard; OpenAI and building trades announce partnership on data center construction; forced labor investigations could lead to new tariffs