Linh is a student at Harvard Law School.
The U.S. Department of Labor introduced a final rule on Tuesday that will make it more difficult for companies like Uber and Lyft to classify workers as independent contractors under the Fair Labor Standards Act. Classification as employees, as opposed to contractors, wins meaningful benefits for workers, including minimum wage, overtime pay, protection for organizing activity, among others. This rule, scheduled to take effect on March 11, is closely monitored by major gig economy players and employers in construction, trucking, and healthcare sectors. The rule did and will likely continue to face legal challenges, including opposition from the U.S. Chamber of Commerce, and congressional review.
Google has lodged an appeal on the Fifth Circuit against the National Labor Relations Board (NLRB), who ruled on January 3 that Google had unlawfully refused to negotiate with the union representing contract workers at YouTube. Those workers, directly employed by Cognizant Technology Solutions Corp., were deemed jointly employed by Google in a decision by an NLRB regional director in March 2023, also upheld by the NLRB. The Cognizant workers subsequently voted 41-0 to unionize in April 2023. Since unionization, both Google and Cognizant have challenged the union’s legitimacy and refused to negotiate.
The Screen Actors Guild, representing 160,000 film and TV actors, has entered into an agreement that mandates permissions and guaranteed minimum payments whenever members’ voices are digitally reproduced in video games and other media. The union’s executive director announced the agreement with Replica Studios on Tuesday. This agreement, first of its kind, represents an important deal for the Guild, as the use of Artificial Intelligence was a pivotal issue during strikes by writers and actors last year.
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October 20
Supreme Court won't review SpaceX decision, courts uphold worker-friendly interpretation of EFAA, EEOC focuses on opioid-related discrimination.
October 19
DOL issues a new wage rule for H-2A workers, Gov. Newsom vetoes a bill that regulates employers’ use of AI, and Broadway workers and management reach a tentative deal
October 17
Third Circuit denies DOL's en banc rehearing request; Washington AG proposes legislation to protect immigrant workers; UAW files suit challenging government surveillance of non-citizen speech
October 16
NLRB seeks injunction of California’s law; Judge grants temporary restraining order stopping shutdown-related RIFs; and Governor Newsom vetoes an ILWU supported bill.
October 15
An interview with former NLRB chairman; Supreme Court denies cert in Southern California hotel case
October 14
Census Bureau layoffs, Amazon holiday hiring, and the final settlement in a meat producer wage-fixing lawsuit.