Anjali Katta is a student at Harvard Law School.
In today’s news and commentary, the NLRB sues New York, a flight attendant sues United, and the Third Circuit considers the employment status of Uber drivers
The NLRB sued New York to block a new law that would grant the state authority over private-sector labor disputes. As reported on recently by Finlay, the law, which was passed on September 5th, states that private-sector employees fall within the scope of the state’s Public Employment Relations (PERB) unless the NLRB asserts jurisdiction via a court order. The NLRB claims that the law is preempted by the NLRA, under precedent forth in Garmon, as it creates a conflicting, parallel system regulating private sector employees. Challenges to this law may hint at challenges to similar bills in California and Massachusetts.
A former United Airlines flight attendant, Ava Lawrey, filed a class action lawsuit in New Jersey federal court, seeking damages for herself and around 1,000 New Jersey-based flight attendants. She alleges United violated state wage laws by failing to pay for time spent on essential duties outside ‘actual’ flight time which is defined as the period between aircraft door closure and opening. Lawrey claims she regularly worked 12-hour shifts with 2–4 unpaid hours for tasks like security, pre-flight meetings, debriefings, and layovers. The lawsuit seeks back pay, overtime, and penalties up to 200% of unpaid wages, along with injunctive relief to stop future violations.
The Third Circuit appeared unwilling to allow a third trial in a decade-long dispute over whether Uber misclassified drivers for its now-defunct service, Uber Black, as independent contractors. The former drivers have asked the Third Circuit to restore their case which was dismissed by a district court after two separate juries failed to reach a verdict. The Third Circuit Judges questioned how many trials should be allowed before a case is deemed futile. Uber’s attorney called a third trial unfair, while the former drivers’ lawyer argued that the issue’s public importance justifies continuing the case. The case could set precedent for app-based gig worker classification amid nationwide battles over gig workers’ status as independent contractors or employees.
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October 8
In today’s news and commentary, the Trump administration threatens no back pay for furloughed federal workers; the Second Circuit denies a request from the NFL for an en banc review in the Brian Flores case; and Governor Gavin Newsom signs an agreement to create a pathway for unionization for Uber and Lyft drivers.
October 7
The Supreme Court kicks off its latest term, granting and declining certiorari in several labor-related cases.
October 6
EEOC regains quorum; Second Circuit issues opinion on DEI causing hostile work environment.
October 5
In today’s news and commentary, HELP committee schedules a vote on Trump’s NLRB nominees, the 5th Circuit rejects Amazon’s request for en banc review, and TV production workers win their first union contract. After a nomination hearing on Wednesday, the Health, Education, Labor and Pensions Committee scheduled a committee vote on President Trump’s NLRB nominees […]
October 3
California legislation empowers state labor board; ChatGPT used in hostile workplace case; more lawsuits challenge ICE arrests
October 2
AFGE and AFSCME sue in response to the threat of mass firings; another preliminary injunction preventing Trump from stripping some federal workers of collective bargaining rights; and challenges to state laws banning captive audience meetings.