Fred Wang is a student at Harvard Law School.
Forced arbitration denies workers their day in court. Over the past few decades, the Supreme Court has made it increasingly difficult for workers to avoid arbitration. This month, the Court will hear three more cases involving arbitration-related disputes. The first — Morgan v. Sundance, Inc. — concerns whether an employee must make an additional showing of prejudice before a court will conclude that their employer waived its right to arbitrate. The second — Southwest Airlines Co. v. Saxon — asks whether an airline cargo loader is a worker engaged in interstate commerce and therefore exempt from the Federal Arbitration Act, a federal law compelling judicial enforcement of arbitration agreements. And finally, the third — Viking River Cruises, Inc. v. Moriana — contemplates whether states can empower workers who have signed arbitration agreements to still sue their employers for labor law violations on the state’s behalf.
Alto — a new, Dallas-based ride-hailing service — is using employee classification to distinguish itself from competitors like Uber and Lyft. The company promises to set “a new standard for rideshare.” It has its own fleet of luxury SUVs and aims to transition its vehicles to all electric next year. Most importantly, Alto is the first rideshare provider to staff its workforce with full-time employees with benefits and starting wages of $17 to $20 per hour. At a time where rideshare companies are under fire for aggressively pushing to misclassify drivers as “independent contractors,” Alto’s business model is looking to capitalize on a customer base that is more sensitive to workers’ rights.
Relatedly, Teamsters union leadership is backing a Uber- and Lyft-friendly worker-classification bill currently moving through the Washington State Legislature. The bill would legally classify gig workers as “independent contractors,” not employees — in exchange for meager benefits that fall short of the pay employees would be entitled to. Union leaders maintain that compromise now will stave off more aggressive Uber- and Lyft-backed initiatives in the future. But as a new piece in Jacobin argues, there is no promise that gig employers will stand down — and workers would be foolish to trust those who have “betrayed their promises to us and local legislatures time and time again.”
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May 13
House Republicans push for vote on the SCORE Act; Wells Fargo wins 401(k) forfeiture appeal; Georgia passes portable benefits bill.
May 12
Trump administration proposes expanding fertility care benefits; Connecticut passes employment legislation; NFL referees ratify new collective bargaining agreement.
May 11
NLRB Judge finds UPS violated federal labor law; Tennessee bans certain noncompetes; and Colorado passes a bill restricting AI price- and wage-setting
May 10
Workers at the Long Island Rail Road threaten to strike, and referees at the National Football League reach a collective bargaining agreement.
May 9
HGSU wraps up its third week on strike and economists find that firms tend to target workers with “wage premiums” for AI replacement.
May 7
DOL drops litigation of Biden-era overtime rule; EEOC sues NYT for discrimination against white male employee; New Jersey finalizes employee classification rule.