Mackenzie Bouverat is a student at Harvard Law School.
In a class action minimum wage suit, a California state appellate court last Friday held that the University of California is exempt from state statutes and regulations governing wages and benefits for public employees, including minimum wage requirements. The case, Gomez v. Regents of Univ. of Cal. involves a class of hourly employees at UC San Diego Medical Center who claim that they were deprived of minimum wage and seek the unpaid balance of wages owed and civil penalties on behalf of the state. Dismissing both claims, the court wrote that, as a public trust, the university system is exempt from statutes covering employee wages and benefits, overtime pay, and prevailing wage.
In accordance with President Joe Biden’s February executive order calling upon DHS to organize a plan “describing the steps the Department will take to advance the administration’s immigration policies,” the US Department of Justice last Friday moved to stay proceedings before the District of Maryland US District Court, indicating that the asylum work permit rules at issue in the case were presently under review by the Department of Homeland Security, and that the outcome of the review may moot or alter the plaintiff’s claims. The rules at issue, which came into effect in August, extended the time asylum seekers must wait before applying for work authorization from 150 days to one year, and voided the requirement that U.S. Citizenship and Immigration Services adjudicate asylum seekers’ applications for work permits within 30 days of that workers’ application.
The Florida Senate will this Tuesday consider a bill (SB 1014/HB 835) which requires affirmative consent from public employees to have dues automatically deducted from their paychecks. Public employees must also renew their authorization every three years or each time a collective bargaining agreement is renegotiated — whichever occurs more frequently. The bill also requires a union to revoke an employee’s membership immediately upon request. Florida is already “right-to-work” state—workers already have to consent in order to pay dues to the union that represents them. Thus, according to union leaders, the “revocation at will” provision, as well as the requirement that members must renew their consent to have dues deducted at frequent intervals, is designed to impose administrative burdens on unions and frustrate workplace democracy.
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
August 16
New documents show that federal surveillance operations targeted Minnesota labor unions during the ICE surge, and the Equal Employment Opportunity Commission denies halting federal class discrimination complaints.
August 14
Hollywood unions diverge in response to the Paramount-Warner merger saga; Tesla defeats a years-long strike in Sweden, and labor scholars advocate for state sectoral bargaining policy innovation.
August 13
EEOC complaint process expected to harm federal workers; former UAW leaders endorse Fain challenger; Xbox employees protest layoffs.
August 12
Third Circuit affirms dismissal of driver’s bias and retaliation claims against CBS and Teamsters; employment litigation surges in Washington state; MIT Sloan professor argues the rise of “disposable workers” is transforming American employment.
August 11
Rideshare drivers nearing union certification in California; UFCW campaigns against electronic shelf labels; Teamsters support NYC delivery driver bill.
August 10
Employee sues for a fossil-fuel-free 401(k) plan as a religious accommodation; DHS submits a proposed rule eliminating 60-day grace period for H-1B workers; Eighth Circuit dismisses constitutional challenge to the FMSHRC.