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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July 14
More circuits weigh in on two-step certification; Uber challengers Seattle deactivation ordinance.
July 13
APWU and USPS ratify a new contract, ICE barred from racial profiling in Los Angeles, and the fight continues over the dismantling of NIOSH
July 11
Regional director orders election without Board quorum; 9th Circuit pauses injunction on Executive Order; Driverless car legislation in Massachusetts
July 10
Wisconsin Supreme Court holds UW Health nurses are not covered by Wisconsin’s Labor Peace Act; a district judge denies the request to stay an injunction pending appeal; the NFLPA appeals an arbitration decision.
July 9
the Supreme Court allows Trump to proceed with mass firings; Secretary of Agriculture suggests Medicaid recipients replace deported migrant farmworkers; DHS ends TPS for Nicaragua and Honduras
July 8
In today’s news and commentary, Apple wins at the Fifth Circuit against the NLRB, Florida enacts a noncompete-friendly law, and complications with the No Tax on Tips in the Big Beautiful Bill. Apple won an appeal overturning a National Labor Relations Board (NLRB) decision that the company violated labor law by coercively questioning an employee […]