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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May 18
California Department of Justice finds conditions at ICE facilities inhumane; Second Circuit rejects race bias claim from Black and Hispanic social workers; FAA cuts air traffic controller staffing target.
May 17
UC workers avoid striking with an 11th-hour agreement; Governor Spanberger vetoes public employee collective bargaining protections; Samsung workers prepare for an 18-day strike.
May 15
SEIU 32BJ pioneers new health insurance model; LIRR unions approach a strike; and Starbucks prevails against NRLB in Fifth Circuit.
May 14
MLB begins negotiating; Westchester passes a new wage act; USDA employees sue the Agriculture Secretary.
May 13
House Republicans push for vote on the SCORE Act; Wells Fargo wins 401(k) forfeiture appeal; Georgia passes portable benefits bill.
May 12
Trump administration proposes expanding fertility care benefits; Connecticut passes employment legislation; NFL referees ratify new collective bargaining agreement.