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Ninth Circuit Puts the Brakes on Uber Unionization

Published May 23rd, 2018 -

On May 11, the Ninth Circuit dealt a blow to a Seattle city ordinance permitting Lyft and Uber drivers to unionize. However, the court’s ruling was not entirely unfavorable for “gig economy” workers. Lyft and Uber, along with other affected groups, challenged ... More »

Weekend News & Commentary — May 19–20, 2018

Published May 20th, 2018 -

Cornell University violated the National Labor Relations Act in March of 2017, but Cornell Graduate Students United (CGSU) will not receive a unionization revote, an independent arbitrator ruled last week.  In an email sent twenty-four hours prior to the elect... More »

Uber, Flexibility and Employee Status

Published May 18th, 2018 -

Professor Estlund argues that if gig firms have to classify their workers as employees (as I believe the law now requires, and as the Dynamex decision makes more likely), those firms will respond by “exercising greater control over hours and scheduling, ... More »

Enough with the Flexibility Trope

Published May 15th, 2018 -

Today’s Philadelphia Inquirer reports on the death of Pablo Avendano, a 34-year old bike messenger who was killed while delivering food for Caviar, the app-based food delivery service. Because Avendano was classified as an independent contractor and not ... More »

Looks like the gig is up for Uber in California

Published May 1st, 2018 -

We’ll have more complete analysis in the days ahead, but, as Ross reports, the California Supreme Court has issued a decision with major implications for Uber, the gig economy, and the question of worker classification more broadly. In Dynamex Operations... More »

Today’s News & Commentary — April 20, 2018

Published April 20th, 2018 -

Uber whistleblower Susan Fowler announced a groundbreaking bill in the California legislature to end the use of forced arbitration to cover up workplace sexual harassment. AB-3080 would prohibit employers from requiring workers or prospective employees to sign... More »

Today’s News & Commentary — April 5, 2018

Published April 5th, 2018 -

The Washington Post recently commented on the long delays faced by federal employees alleging sexual harassment in the workplace, with some lawyers and federal officials feeling that the federal government is lagging behind the private sector in terms of addre... More »

Daily News & Commentary — March 1, 2018

Published March 1st, 2018 -

The New York Times opinion section has offered two somewhat conflicting views on wage growth in the last two days. The first argues that corporate America has been suppressing wages for many workers through noncompete clauses and no-poaching agreements and is ... More »

Today’s News & Commentary — February 15, 2018

Published February 15th, 2018 -

In Lawson v. GrubHub Inc., No. 15-cv-05128, the Northern District of California ruled that a driver for Grubhub a meal delivery service, was an independent contractor, not an employee. The Court’s used California Supreme Court’s multi-factor test as stat... More »

Today’s News & Commentary – February 7, 2018

Published February 7th, 2018 -

The Boston Globe reports that a group of 500 airport workers at Logan Airport are preparing to strike this afternoon.  Employed by ReadyJet and Flight Services & Systems, these baggage handlers, wheelchair attendants, cabin cleaners, and skycaps, have auth... More »