Anjali Katta is a student at Harvard Law School.
In today’s news and commentary, 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.
West Virginia lawmakers passed HB 4009, allowing gig companies like Uber and DoorDash to contribute to workers’ portable benefits accounts without jeopardizing their classification as independent contractors. The bill, part of a workforce package backed by Gov. Patrick Morrisey, cleared the legislature on March 14 and awaits his signature. Gig workers typically lack protections such as minimum wage, union rights, and employer-sponsored benefits. Supporters say the measure expands access to benefits while preserving flexible work. Critics argue contributions will be too small to cover costs like health insurance and fail to replace employee protections. The bill also includes tax deductions for contributions and withdrawals.
A Chinese-American engineer, Hua Jiang, lost his appeal in the Tenth Circuit after claiming race and age discrimination in Tulsa’s hiring process for a water plant superintendent. The court upheld summary judgment for the city, finding its preference for leadership experience over Jiang’s stronger academic qualifications was legitimate. Although the city initially violated its own degree requirements, judges said these procedural issues didn’t prove discrimination or retaliation. Jiang’s claims under federal and state anti-discrimination laws failed because he couldn’t show the city’s reasoning was a pretext, especially given the selected candidate’s stronger management experience.
Bloomberg reports that a recent ruling by the Sixth Circuit could significantly limit the NLRB’s long-standing practice of shaping labor policy through case decisions. The court found the board overstepped its authority in the Cemex case by effectively creating new rules through adjudication rather than formal rulemaking. Legal experts say this reasoning may spread to other circuits, threatening decades of precedent and complicating how the NLRB develops labor law. If widely adopted, the approach could force the agency to rely more on rulemaking, a process it rarely uses and may struggle to implement. The decision reflects broader judicial skepticism toward administrative agencies and could lead to increased challenges to existing labor standards.
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March 22
In today’s news and commentary, a resurgence in salting among young activists, Michigan nurses go on strike, and states explore policies to support workers experiencing menopause. Many unions have historically sprung up as the result of workers organizing their own workplaces. Young people drawing on that tradition have driven a resurgence in salting, or the […]
March 20
Appeal to 9th Cir. over law allowing suit for impersonating union reps; Mass. judge denies motion to arbitrate drivers' claims; furloughed workers return to factory building MBTA trains.
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.