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 24
HHS cancels union contracts, the California Supreme Court rules on minimum wage violations, and jobless claims rise
August 22
Musk and X move to settle a $500 million severance case; the Ninth Circuit stays an order postponing Temporary Protection Status terminations for migrants from Honduras, Nicaragua, and Nepal; the Sixth Circuit clarifies that an FMLA “estimate” doesn’t hard-cap unforeseeable intermittent leave.
August 21
FLRA eliminates ALJs; OPM axes gender-affirming care; H-2A farmworkers lose wage suit.
August 20
5th Circuit upholds injunctions based on challenges to NLRB constitutionality; Illinois to counteract federal changes to wage and hour, health and safety laws.
August 19
Amazon’s NLRA violations, the end of the Air Canada strike, and a court finds no unconstitutional taking in reducing pension benefits
August 18
Labor groups sue local Washington officials; the NYC Council seeks to override mayoral veto; and an NLRB official rejects state adjudication efforts.