Both the New York Times and the Wall Street Journal highlight the fact that the number of claims filed for unemployment benefits fell considerably for the week ending on December 19, nearing a 42-year low (at a seasonally adjusted 267,000). While the Times views the low number of claims as indicative of labor market strength and a boost to the economy, the Journal warns against viewing the number as a proxy for a robust labor market. Although claims are down, statistics show that layoffs in 2015 have been at least as common as in 2014 (if not more). Furthermore, of those that have managed to maintain employment, many are stuck in low-paying, part-time positions.
While some New York workers are looking forward to newly promised paid leave, Pennsylvania workers have not been so lucky. Per Politico, a Pennsylvania state judge struck down a Pittsburgh ordinance that would have required employers to give workers an hour of paid leave for every 35 hours worked. According to the judge, the city lacks the statutory authority to mandate such a rule. The Pennsylvania Restaurant and Lodging Association, which filed suit against the ordinance, lauded the ruling, calling it “a victory on every front.”
The Washington Post reports that the Federal Motor Carrier Safety Administration has penned new federal regulations that will increase monitoring of truck drivers. The new rule, explained here, requires all drivers to install electronic logging devices in their trucks by the end of 2017. The devices, which automatically transmit speed and location data to shipping companies, will replace manual log sheets as the main method of ensuring drivers’ compliance with hours-of-service rules. Both safety advocates and industry associations view increased monitoring as a positive measure that will improve efficiency and enhance accountability in an area where the industry previously turned a blind eye to violations. Drivers, however, are worried that shipping companies will use the technology to harass or pressure drivers to increase productivity at the cost of safety. The drivers have already petitioned for review of the rule in the Seventh Circuit.
On a more positive note, the Los Angeles Times reports on the latest victory in the driving industry: an order for a port trucking firm to pay out nearly $7 million to 38 drivers that it had previously misclassified as independent contractors. In a decision released Tuesday, the California Labor Commissioner’s Office decided that the drivers are employees and, as such, are entitled to back wages for illegal paycheck deductions. Much to the satisfaction of the Teamsters union that has been helping to organize the port drivers, the drivers’ newfound status as employees also means that they are permitted to unionize. Because many of the port trucking companies currently (mis)classify their drivers as contractors, it looks like this decision could spark a number of similar actions moving forward.
Daily News & Commentary
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November 20
Law professors file brief in Slaughter; New York appeals court hears arguments about blog post firing; Senate committee delays consideration of NLRB nominee.
November 19
A federal judge blocks the Trump administration’s efforts to cancel the collective bargaining rights of workers at the U.S. Agency for Global Media; Representative Jared Golden secures 218 signatures for a bill that would repeal a Trump administration executive order stripping federal workers of their collective bargaining rights; and Dallas residents sue the City of Dallas in hopes of declaring hundreds of ordinances that ban bias against LGBTQ+ individuals void.
November 18
A federal judge pressed DOJ lawyers to define “illegal” DEI programs; Peco Foods prevails in ERISA challenge over 401(k) forfeitures; D.C. court restores collective bargaining rights for Voice of America workers; Rep. Jared Golden secures House vote on restoring federal workers' union rights.
November 17
Justices receive petition to resolve FLSA circuit split, vaccine religious discrimination plaintiffs lose ground, and NJ sues Amazon over misclassification.
November 16
Boeing workers in St. Louis end a 102-day strike, unionized Starbucks baristas launch a new strike, and Illinois seeks to expand protections for immigrant workers
November 14
DOT rule involving immigrant truck drivers temporarily stayed; Unions challenge Loyalty Question; Casino dealers lose request for TRO to continue picketing