Edward Nasser is a student at Harvard Law School.
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 stated in S.G. Borello & Sons, Inc. v. Department of Industrial Relations, 48 Cal.3d 341 (1989), focusing on “whether the person to whom service is rendered has the right to control the manner and means of accomplishing the result desired.” Among other things, the court found that Grubhub did not control how Lawson made deliveries or his appearance when providing delivery services. The Financial Times offers some more insight on how gig economy companies continue to expand their influence by looking for legal flexibility.
A bipartisan House pair offered a new approach to fortifying the pension system for plans covering unionized workers, focused on keeping strong plans healthy. The Give Retirement Options to Workers (GROW) Act (H.R. 4997), introduced Feb. 14, would give some healthier “multiemployer” pension plans the choice of using a new option, a “composite plan.” The composite plan combines the features of traditional pensions with those of defined contribution plans such as 401(k)s. Multiemployer pensions are plans created jointly by unions and employers in industries such as trucking and construction. Some critics say the concept wouldn’t provide enough protection for workers’ benefits. It is uncertain whether the bill will pick up much support, as it does not yet have a sponsor in the Senate.
The Washington Post offers some personal profiles of how the Trump administration’s plans to cut the social safety net would affect American families. Many of those interviewed either supplement meager income with federal assistance or rely on such assistance because a disability rendered them unable to work.
The Onion offers an entirely accurate timeline of the U.S. labor movement.
Daily News & Commentary
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October 14
Eleventh Circuit overturns ERISA exhaustion rule; DHS finalizes removal of automatic renewal for work permits; AFGE challenges SSA over flexible scheduling policy.
October 13
Chicago hotel workers remain on strike; a coalition of Democratic states sues the Labor Department over canceled unemployment insurance grants; the Federal Labor Relations Authority establishes a new mediation framework for federal worker disputes.
October 12
Workers at the Obama Foundation begin organizing; MLB submits its latest collective bargaining agreement proposal; Brigham & Women's nurses postpone strike.
October 11
UAW President Shawn Fain succeeds in his reelection bid, and Spanish unions call for a general strike.
October 9
DHS proposes a $100k fee for the foreign grad employment program; Trump suspends tech company access to green card program; and private equity perpetuates poor working conditions for home care workers.
October 8
NLRB judge finds UPS unlawfully restricted union insignia; Harvard graduate workers authorize second strike; OSHA orders Union Pacific to pay $300,000 in damages in whistleblower case.