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.
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May 22
U.S. employers spend $1.7B on union avoidance each year and the ICJ declares the right to strike a protected activity.
May 21
UAW backs legal challenge to Trump “gold card” visa; DOL requests unemployment fraud technology funding; Samsung reaches eleventh-hour union agreement.
May 20
LIRR strike ends after three-day shutdown; key senators reject Trump's proposed 26% cut to Labor Department budget; EEOC moves to eliminate employer demographic reporting requirement.
May 19
Amazon urges 11th Circuit to overturn captive-audience meeting ban; DOL scraps Biden overtime rule; SCOTUS to decide on Title IX private right of action for school employees
May 18
California Department of Justice finds conditions at ICE facilities inhumane; Second Circuit rejects race bias claim from Black and Hispanic social workers; FAA cuts air traffic controller staffing target.
May 17
UC workers avoid striking with an 11th-hour agreement; Governor Spanberger vetoes public employee collective bargaining protections; Samsung workers prepare for an 18-day strike.