Mackenzie Bouverat is a student at Harvard Law School.
In January, Judge Edward M. Chen of the U.S. District Court for the Northern District of California certified a class of more than 4,800 Uber drivers who alleged they were misclassified as independent contractors rather than employees under California law. The certification, he held, was not precluded by California’s Proposition 22, as the measure was not not retroactive. In a motion for clarification, Uber argued the court’s retroactivity judgment was inappropriate at the class certification stage. Last Friday, Judge Chen granted the order for clarification over the drivers’ objections, writing that “withholding adjudication of the merits of the retroactivity claim does not negate class certification — the issue of the retroactivity of Proposition 22 is a matter that may properly be decided on a class-wide basis.”
In his discretionary spending request, President Joe Biden has proposed spending $14.2 billion on the U.S. Labor Department for the 2022 fiscal year—a 14% increase in the agency’s current annual budget, subject to Congressional approval. The proposal allocates $2.1 billion for workers’ protection subdivisions of the Department of Labor (including the Wage and Hour Division and Occupational Safety and Health Administration). This figure amounts to $304 million more than was allocated to these subdivisions during the last fiscal year. With respect to the former division, the White House recommends that the funding be directed at investigating misclassification of workers as independent contractors rather than employees, as well as violations of equal employment obligations of Federal contractors. $285 million is requested for registered apprenticeship programs—$100 million more than the current annual funding—and is aimed at expanding paid vocational training opportunities for women and people of color. Finally, President Biden proposed a 6% increase for Workforce Innovation and Opportunity Act state grants directed at employment services and job training for workers dislocated due to the coronavirus pandemic. A more detailed budget request featuring specific funding requests for DOL subagencies is anticipated.
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August 1
The Michigan Supreme Court grants heightened judicial scrutiny over employment contracts that shorten the limitations period for filing civil rights claims; the California Labor Commission gains new enforcement power over tip theft; and a new Florida law further empowers employers issuing noncompete agreements.
July 31
EEOC sued over trans rights enforcement; railroad union opposes railroad merger; suits against NLRB slow down.
July 30
In today’s news and commentary, the First Circuit will hear oral arguments on the Department of Homeland Security’s (DHS) revocation of parole grants for thousands of migrants; United Airlines’ flight attendants vote against a new labor contract; and the AFL-CIO files a complaint against a Trump Administrative Executive Order that strips the collective bargaining rights of the vast majority of federal workers.
July 29
The Trump administration released new guidelines for federal employers regarding religious expression in the workplace; the International Brotherhood of Boilermakers is suing former union president for repayment of mismanagement of union funds; Uber has criticized a new proposal requiring delivery workers to carry company-issued identification numbers.
July 28
Lower courts work out meaning of Muldrow; NLRB releases memos on recording and union salts.
July 27
In today’s news and commentary, Trump issues an EO on college sports, a second district court judge blocks the Department of Labor from winding down Job Corps, and Safeway workers in California reach a tentative agreement. On Thursday, President Trump announced an executive order titled “Saving College Sports,” which declared it common sense that “college […]