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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August 14
Hollywood unions diverge in response to the Paramount-Warner merger saga; Tesla defeats a years-long strike in Sweden, and labor scholars advocate for state sectoral bargaining policy innovation.
August 13
EEOC complaint process expected to harm federal workers; former UAW leaders endorse Fain challenger; Xbox employees protest layoffs.
August 12
Third Circuit affirms dismissal of driver’s bias and retaliation claims against CBS and Teamsters; employment litigation surges in Washington state; MIT Sloan professor argues the rise of “disposable workers” is transforming American employment.
August 11
Rideshare drivers nearing union certification in California; UFCW campaigns against electronic shelf labels; Teamsters support NYC delivery driver bill.
August 10
Employee sues for a fossil-fuel-free 401(k) plan as a religious accommodation; DHS submits a proposed rule eliminating 60-day grace period for H-1B workers; Eighth Circuit dismisses constitutional challenge to the FMSHRC.
August 7
Starbucks beats claims it denied shifts to union workers; Center for State Labor Innovation aims to address labor law shortcomings.