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California appellate courts, including the First and Second District, have refused to compel arbitration of PAGA two of unpublished rulings.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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January 30
Multiple unions endorse a national general strike, and tech companies spend millions on ad campaigns for data centers.
January 29
Texas pauses H-1B hiring; NLRB General Counsel announces new procedures and priorities; Fourth Circuit rejects a teacher's challenge to pronoun policies.
January 28
Over 15,000 New York City nurses continue to strike with support from Mayor Mamdani; a judge grants a preliminary injunction that prevents DHS from ending family reunification parole programs for thousands of family members of U.S. citizens and green-card holders; and decisions in SDNY address whether employees may receive accommodations for telework due to potential exposure to COVID-19 when essential functions cannot be completed at home.
January 27
NYC's new delivery-app tipping law takes effect; 31,000 Kaiser Permanente nurses and healthcare workers go on strike; the NJ Appellate Division revives Atlantic City casino workers’ lawsuit challenging the state’s casino smoking exemption.
January 26
Unions mourn Alex Pretti, EEOC concentrates power, courts decide reach of EFAA.
January 25
Uber and Lyft face class actions against “women preference” matching, Virginia home healthcare workers push for a collective bargaining bill, and the NLRB launches a new intake protocol.