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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October 16
Department of Labor reduces wage-and-hour enforcement at unionized workplaces; Fain's victory poses question of federal monitor's extension.
October 15
New reporting examines the rollback of child labor protections; California tries to block a strike; NLRB charges Wisconsin mental health provider with firing workers during union drive.
October 14
Eleventh Circuit overturns ERISA exhaustion rule; DHS finalizes removal of automatic renewal for work permits; AFGE challenges SSA over flexible scheduling policy.
October 13
Chicago hotel workers remain on strike; a coalition of Democratic states sues the Labor Department over canceled unemployment insurance grants; the Federal Labor Relations Authority establishes a new mediation framework for federal worker disputes.
October 12
Workers at the Obama Foundation begin organizing; MLB submits its latest collective bargaining agreement proposal; Brigham & Women's nurses postpone strike.
October 11
UAW President Shawn Fain succeeds in his reelection bid, and Spanish unions call for a general strike.