Ted Parker is a student at Harvard Law School and a member of the Labor and Employment Lab.
In today’s news and commentary, a Teamsters-backed bill requiring human operators inside autonomous delivery vehicles is before the California State Senate, while the Eighth Circuit considers a challenge to Minnesota’s new construction worker misclassification law and whether “hav[ing] a family to support” is a gendered comment.
A bill requiring human operators inside autonomous delivery vehicles is before the California State Senate, having passed the State Assembly with overwhelming support (57-7). The bill, A.B. 33, is the latest attempt of the Teamsters to protect drivers from being replaced by self-driving vehicles. The Teamsters backed two similar bills in 2023 and 2024, both of which were passed by the California State Assembly and Senate before being vetoed Governor Gavin Newsom. Whereas those earlier bills targeted large commercial trucks weighing over 10,000 pounds, the new bill prohibits delivery of commercial goods to residences and businesses by an autonomous vehicle without a human operator inside. Newsom’s justification for failing to sign the earlier bills was that the DMV is better positioned to regulate self-driving vehicles. If Newsom vetoes this latest bill, the Teamsters are contemplating turning it into a ballot measure.
Meanwhile, North America’s Building Trades Unions (NABTU) filed an amicus brief at the Eighth Circuit last week in support of a Minnesota misclassification law. The district court in this case, Minnesota Chapter of Associated Builders and Contractors, Inc. v. Blissenbach, denied trade groups a temporary restraining order to block the newly amended state law, which now includes a 14-part test (up from the previous 9-part test) for classifying construction workers as independent contractors. The court below found that the trade groups failed to show they were likely to succeed on their claims that the statute is unconstitutionally vague and imposes excessive fines. NABTU’s brief reiterated these arguments while also making the positive case for the law, which protects construction workers from misclassification.
Finally, the Eighth Circuit heard oral arguments in an appeal of Brady v. Wal-Mart Stores, Inc., a case centering on the question of whether a comment about “ha[ving] a family to support” was evidence of gender discrimination. Plaintiff Cloetta Brady argued that, after 20 years at Walmart, she was passed over for a promotion that went to a male colleague with half her experience. Her supervisor told her he gave the role to the male colleague because he “had a family to support.” The court below granted summary judgment to Walmart, reasoning that the statement was gender-neutral because “caring for a child does not turn on gender.” On appeal, Brady drew a more nuanced distinction between the complementary gender stereotypes of men as providers and women as caregivers.
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
March 12
EPA terminates contract with second-largest union; Florida advances bill restricting public sector unions; Trump administration seeks Supreme Court assistance in TPS termination.
March 11
The partial government shutdown results in TSA agents losing their first full paycheck; the Fifth Circuit upholds the certification of a class of former United Airline workers who were placed on unpaid leave for declining to receive the COVID-19 vaccine for religious reasons during the pandemic; and an academic group files a lawsuit against the State Department over a policy that revokes and denies visas to noncitizens for their work in fact-checking and content moderation.
March 10
Court rules Kari Lake unlawfully led USAGM, voiding mass layoffs; Florida Senate passes bill tightening union recertification rules; Fifth Circuit revives whistleblower suit against Lockheed Martin.
March 9
6th Circuit rejects Cemex, Board may overrule precedents with two members.
March 8
In today’s news and commentary, a weak jobs report, the NIH decides it will no longer recognize a research fellows’ union, and WNBA contract talks continue to stall as season approaches. On Friday, the Labor Department reported that employers cut 92,000 jobs in February while the unemployment rate rose slightly to 4.4 percent. A loss […]
March 6
The Harvard Graduate Students Union announces a strike authorization vote.