Fran Swanson is a student at Harvard Law School.
Life for American truck drivers has devolved into a “dystopian nightmare,” writes Robin Kaiser-Schatzlein in an op-ed for the New York Times. Before the 1970s, trucking was a “good job, with union representation, decent pay and benefits, and normal hours,” but, fears of inflation led the Carter administration to allow non-union, less regulated firms compete, creating a race to the bottom. Now, truckers are paid low wages—almost always pinned to the miles they drive, not the time they spend driving or waiting—which forces them to compensate by working, on average, well over 60 hours per week. This fatigue makes dangerous work even more so, but companies have responded with increased surveillance and automation rather than addressing its cause.
A federal district judge has reinstated a Trump-era rule on independent contractor classification, Bloomberg Law reports. A coalition of gig companies sued to reinstate the rule— which assigned greater weigh to two of the factors in the Fair Labor Standards Act’s test for worker classification—because it made it easier for them to continue to classify their workers as contractors. It was set to take effect in March 2021 but never did because Biden’s Department of Labor issued a rule postponing its effective date and then issued a final rule withdrawing the Trump rule. (Hannah wrote about the options DOL had at the time here.) Judge Marcia Crone of the Eastern District of Texas ruled that the Biden DOL’s actions violated the Administrative Procedure Act: the delay rule’s notice-and-comment period was too short (and the scope of comments too limited), while the withdrawal rule was arbitrary and capricious because DOL failed to consider certain alternatives.
Finally, Minneapolis Public School food service workers announced their intent to strike if an agreement for a new contract isn’t reached in ten days, the Star Tribune reports. 99% of the workers voted earlier this month to authorize the strike, and have continued serving meals while schools have been closed during the district’s teacher strike. They typically make less than $28,000 a year. They are seeking a $1/hour raise each year in the new contract. “Enough is enough,” said Kelly Gibbons, SEIU Local 284’s executive director.
Daily News & Commentary
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September 22
Judge blocks ICE raids in Alabama; Chicago hotel workers vote to strike; AutoZone workers look to create first union
September 21
In today’s News and Commentary, the Seventh Circuit raises the bar for the NLRB to obtain preliminary injunctions, the California Primary Care Association sues SEIU-UHW for racketeering, and the Seventh Circuit finds that an employer group and think tank do not have standing to challenge an Illinois law banning captive audience meetings. On Friday, the […]
September 20
Culinary Workers Union members protests union leadership; lawsuit against OpenAI and Microsoft reveal internal concerns about the threat of AI training to human labor.
September 17
Unions push to block Google from buying Spirit Airlines employment records; U.S. Department of Labor sues Oklahoma coffee chain over alleged wage violations.
September 16
Trump nominates Catherine Eschbach as EEOC general counsel; NLRB declines to resolve union work-assignment dispute; Allina Health physicians begin four-day strike.
September 15
Documents reveal the inner workings of Amazon's union avoidance program; Washington state public sector unions reach tentative deals amid a difficult bargaining cycle; hundreds of Nevada Culinary Union members protest their union's health care changes.