Mackenzie Bouverat is a student at Harvard Law School.
Today’s headline is that Jeff Bezos visited space. Of the $5.5 million dollar expenditure, he commented the following: “[I] want to thank every Amazon employee and every Amazon customer because you guys paid for all this. So seriously, for every Amazon customer out there, and every Amazon employee, thank you from the bottom of my heart, very much. It’s very appreciated.”
Yesterday, a California state appellate court permitted a group of Postmates couriers alleging that the delivery platform withheld wages and tips may proceed on claims filed on behalf of the state of California despite a strict arbitration agreement signed by the plaintiffs. The class of drivers claim misclassification as independent contractors and seek civil penalties for underpaid wages. The latter claim is filed under the Private Attorneys General Act, which deputizes employees to sue for labor code violations on behalf of the state. Following California precedent, the lower court held — and the California Court of Appeals affirmed — that PAGA claims are not arbitrable: a worker cannot waive a right to bring a representative action on behalf of a state government. The case, Winns v. Postmates, is part of at least five other coordinated suits against Postmates in San Francisco. California appellate courts, including the First and Second District, have refused to compel arbitration of PAGA two of unpublished rulings.
A Baltimore federal judge has preliminarily approved a $29 million dollar settlement awarded to poultry plant employees by their employer, Pilgrim’s Pride Corp. The plaintiffs alleged antitrust violations involving a scheme to drive down pay for the industry’s workforce. The deal permits Pilgrim to exit the proposed class action and requires it to cooperate in building a case against the remaining defendants accused of colluding to depress wages. These include Tyson Foods Inc., Hormel Food Corp., Sanderson Farms Inc., Perdue Farms Inc., Cargill Inc., Butterball LLC, Koch Foods Inc., ContiGroup Cos., Mountaire Farms Inc., Simmons Foods Inc., George’s Inc., Fieldale Farms Corp., Peco Foods Inc., and Webber Meng Sahl & Co. The case is Jien v. Perdue Farms Inc..
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August 13
The United Auto Workers (UAW) seek to oust President Shawn Fain ahead of next year’s election; Columbia University files an unfair labor practice (ULP) charge against the Student Workers of Columbia-United Auto Workers for failing to bargain in “good faith”; and the Environmental Protection Agency (EPA) terminates its collective bargaining agreement with four unions representing its employees.
August 12
Trump nominates new BLS commissioner; municipal taxpayers' suit against teachers' union advances; antitrust suit involving sheepherders survives motion to dismiss
August 11
Updates on two-step FLSA certification, Mamdani's $30 minimum wage proposal, dangers of "bossware."
August 10
NLRB Acting GC issues new guidance on ULPs, Trump EO on alternative assets in401(k)s, and a vetoed Wisconsin bill on rideshare driver status
August 8
DHS asks Supreme Court to lift racial-profiling ban; University of California's policy against hiring undocumented students found to violate state law; and UC Berkeley launches database about collective bargaining and workplace technology.
August 7
VA terminates most union contracts; attempts to invalidate Michigan’s laws granting home care workers union rights; a district judge dismisses grocery chain’s lawsuit against UFCW