
Liana Wang is a student at Harvard Law School.
In today’s news and commentary, DOL pauses the 2024 gig worker rule, a coalition of unions, cities, and nonprofits sues to stop DOGE, and the Chicago Teachers Union reaches a remarkable deal.
On May 1, the Department of Labor announced it would pause enforcement of the Biden Administration’s independent contractor classification rule. Under the January 2024 final rule, economic dependence was the “ultimate inquiry” for determining employee or contractor status. The Biden Administration had promulgated the rule to crack down on worker misclassification and ensure that more workers are entitled to minimum wage, overtime pay, and other protections under the FLSA. The rule was challenged in multiple pending lawsuits, although a federal judge in New Mexico upheld it in January 2025. DOL plans to fully rescind the rule, a major win for business groups and gig-economy giants like Uber and Lyft.
Meanwhile, in San Francisco, a coalition of labor unions, cities, and nonprofits launched a broad challenge to the Trump Administration’s unprecedented expansion of executive power. The plaintiffs include AFGE and SEIU, nonprofits like the Center for Taxpayer Rights and the Natural Resources Defense Council, as well as the City and County of San Francisco, the City of Chicago, and Harris County, Texas, among others. The complaint argues that President Trump’s EO 14210, which ordered DOGE and other agencies to engage in a “critical transformation” of the federal government, usurped Congressional authority and exceeded Constitutional limits on presidential power. Moreover, they contend that DOGE and other agencies implementing and abiding by the President’s orders lack the authority to do so.
Lastly, in Chicago, the Chicago Teachers Union overwhelmingly voted to approve a new and comprehensive contract with Chicago Public Schools. 85% of the union’s more than 27,000 members cast a vote, and 97% of voters approved the agreement. This is the first CTU contract achieved in 15 years without a strike or strike vote. The agreement was also novel in other ways: some bargaining sessions were publicly live-streamed in efforts to increase transparency. And for the first time, since a 2021 Illinois law restored full collective bargaining rights for teachers, the union was also able to bargain over issues like class size, academic freedom, and other student supports. While both the school district and CTU agree that the bargaining process should have been faster and less tumultuous, the deal has already been touted as inspiration by the United Teachers Los Angeles union in their current negotiations.
Daily News & Commentary
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August 1
The Michigan Supreme Court grants heightened judicial scrutiny over employment contracts that shorten the limitations period for filing civil rights claims; the California Labor Commission gains new enforcement power over tip theft; and a new Florida law further empowers employers issuing noncompete agreements.
July 31
EEOC sued over trans rights enforcement; railroad union opposes railroad merger; suits against NLRB slow down.
July 30
In today’s news and commentary, the First Circuit will hear oral arguments on the Department of Homeland Security’s (DHS) revocation of parole grants for thousands of migrants; United Airlines’ flight attendants vote against a new labor contract; and the AFL-CIO files a complaint against a Trump Administrative Executive Order that strips the collective bargaining rights of the vast majority of federal workers.
July 29
The Trump administration released new guidelines for federal employers regarding religious expression in the workplace; the International Brotherhood of Boilermakers is suing former union president for repayment of mismanagement of union funds; Uber has criticized a new proposal requiring delivery workers to carry company-issued identification numbers.
July 28
Lower courts work out meaning of Muldrow; NLRB releases memos on recording and union salts.
July 27
In today’s news and commentary, Trump issues an EO on college sports, a second district court judge blocks the Department of Labor from winding down Job Corps, and Safeway workers in California reach a tentative agreement. On Thursday, President Trump announced an executive order titled “Saving College Sports,” which declared it common sense that “college […]