Sarah Leadem is a joint degree candidate at Harvard Law School and the Harvard Kennedy School of Government.
In today’s news & commentary, the Department of Labor announced a proposed rule on employee classification, the President of the Los Angeles Labor Federation resigned, and Amazon workers begin their union vote in Schodack, NY.
Yesterday, the Department of Labor announced a proposed rule for employee classification under the Fair Labor Standards Act. This action rescinds the Trump 2021 Independent Contractor Rule and returns to an Obama-era rule for employee classification. At its most basic, this changes the test used to determine whether a worker should be rightfully classified as an employee. It returns to the “economic reality test.” This test weighs a number of factors to determine employee status, including the degree of employer control and how integral the work is to the employer’s business. The Department announced this action as a step toward curbing employee misclassification. The proposed rule will be published in the Federal Registrar tomorrow. It is followed by a 45-day public comment period.
President of the Los Angeles Labor Federation, Ron Herrera, announced his resignation yesterday. His resignation comes as the result of a leaked audio recording of a conversation between Herrera and several Los Angeles City Councilmembers. In the recording, several participants made racist and derogatory comments. California Labor Federation President Lorena Gonzalez commented in a tweet: “We ultimately prioritize working class solidarity across all racial groups above all else. It’s now time for our labor movement to come together and start the work to heal.” Ron Herrera is succeeded by Thomas Davis from the International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts.
Amazon workers in Schodack, NY begin voting today to unionize. The Schodack “ALB1” Amazon Fulfillment Center will be the third warehouse to take a union vote to join the Amazon Labor Union. Workers in the warehouse allege that Amazon has mounted an aggressive anti-union campaign. Data from OSHA also recently showed that the Schodack fulfillment center has the most serious worker injuries among all New York Amazon warehouses. Voting begins today and will continue through Monday. The NLRB is set to tally the votes on October 18th.
Daily News & Commentary
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July 4
The DOL scraps a Biden-era proposed rule to end subminimum wages for disabled workers; millions will lose access to Medicaid and SNAP due to new proof of work requirements; and states step up in the noncompete policy space.
July 3
California compromises with unions on housing; 11th Circuit rules against transgender teacher; Harvard removes hundreds from grad student union.
July 2
Block, Nanda, and Nayak argue that the NLRA is under attack, harming democracy; the EEOC files a motion to dismiss a lawsuit brought by former EEOC Commissioner Jocelyn Samuels; and SEIU Local 1000 strikes an agreement with the State of California to delay the state's return-to-office executive order for state workers.
July 1
In today’s news and commentary, the Department of Labor proposes to roll back minimum wage and overtime protections for home care workers, a federal judge dismissed a lawsuit by public defenders over a union’s Gaza statements, and Philadelphia’s largest municipal union is on strike for first time in nearly 40 years. On Monday, the U.S. […]
June 30
Antidiscrimination scholars question McDonnell Douglas, George Washington University Hospital bargained in bad faith, and NY regulators defend LPA dispensary law.
June 29
In today’s news and commentary, Trump v. CASA restricts nationwide injunctions, a preliminary injunction continues to stop DOL from shutting down Job Corps, and the minimum wage is set to rise in multiple cities and states. On Friday, the Supreme Court held in Trump v. CASA that universal injunctions “likely exceed the equitable authority that […]