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 15
U.S. labor productivity climbs at its fastest pace in decades; a federal judge grants a preliminary injunction to anti-abortion groups challenging Michigan’s civil rights law; and Jackson, Mississippi’s bus workers walk off the job.
July 14
DOJ opens investigation of UAW president; LIUNA protests Pfizer building collapse; national park workers unionize
July 13
New York Times files retaliation suit against the EEOC; US government pushes back TPS designation termination for Haiti; federal judge grants preliminary injunction to federal workers seeking reasonable telework accommodations.
July 12
Postal workers demand investigation into Atlanta distribution center conditions following deaths; University of Chicago Press Workers vote to unionize.
July 10
Brigham and Women’s Hospital locks out 4,000 nurses after one-day strike; appeal filed challenging agency-shop agreements.
July 9
The Second Circuit declines to vacate an arbitration award over a nursing union dispute; federal workers sue the Department of Defense for termination of union contracts; New York City announces settlement with companies for violating New York work laws.