
Tascha Shahriari-Parsa is a student at Harvard Law School.
The Department of Labor released data today showing that the unemployment rate fell last month in most U.S. states. 12 states have unemployment rates at record lows, including Nebraska and Utah with unemployment rates of 2.1%. However, while unemployment rates are down, labor force participation rates are still nowhere near where they were before the pandemic. (Unemployment measures the percentage of people who are unemployed out of everyone who is either employed or is not but is actively looking for work. Labor force participation rates, on the other hand, measure the percentage of people who are unemployed out of the entire population.)
An Uber misclassification settlement to pay $8.4 million to over 1,300 drivers in California over misclassification claims was approved by a federal judge. The claims concerned misclassification of drivers before the passage of Prop 22 in 2020, the Uber and Lyft-backed legislation which designated many app-based drivers as independent contractors. Drivers argued that because they were misclassified, Uber owed them in minimum wages and overtime, sick leave, itemized pay statements and reimbursements for business expenses. The settlement does not make a statement about how Uber drivers should be classified under California law.
In an Amicus brief yesterday, the Department of Labor argued to the First Circuit that truck drivers ought to be compensated for time in excess of eight hours spent sleeping in their trucks. Because these hours spent are under the employers’ control and benefit companies, the brief argues, they should be compensable. Freight company CRST International argued that its truckers are not engaging in work while resting and thus should not be compensated. The AFL-CIO, The Massachusetts Employment Lawyers Association and the National Employment law Project also submitted briefs in support of the truckers. The AFL-CIO noted that the sleeping area of a truck is often smaller than a prison cell: “The problems with such forced proximity can vary from issues with hygiene, to personality conflicts, to nasty tempers, to explicit or implicit threats of violence.” A failure to compensate sleeping time also gives employers an incentive to stretch out drivers’ hours to extremely long lengths of time—weeks—where truckers are essentially confined to their vehicles, which can allow companies like CRST to outcompete their competitors at the expense of truck drivers.
Yesterday, New York City Mayor Eric Adams exempted local athletes from vaccine mandates, prompting criticism from some union leaders who characterized the exemption as unfair. Adams argued at a press conference that the exemption is necessary to put NYC’s home players on a “level playing field” with those who come in to play from outside the city and thus would not be subject to the city’s vaccine mandate, since out of town players were included in the list of exceptions to the mandate—which will now also include home players. “It’s unimagineable we treated our performers different because they lived and played for home teams. It’s not acceptable,” Adams said. Patrick Ferraiuolo, president of the Correction Captains’ Association, said that he “wish[es] the same consideration was given to all city employees, the true heroes that kept the city safe and running during the height of the pandemic.” Joe Borelli, a Republican Staten Island Council member, also saw the exemption as unfair to workers: “We are firing our own employees but allowing exemptions for the fancy ones.”
Much of the outcry appears to be coming from unions that have fought against vaccine mandates for their own members, and who wish to use this opportunity as leverage to make a case for why their own members should also be exempt—an issue of hypocrisy rather than an argument that lifting the mandate for at-home athletes was in and of itself wrong. Anti-shutdown lawyer James Mermigis called Adam’s announcement “another slap in the face to regular New Yorkers who just want to earn a living.” Mermigis said that he has received an outpouring of complaints from workers who were fired for refusing to comply with vaccine mandates and now wish to sue the mayor over the exemption. The exemption may be providing more ammunition for right-wing media rhetoric that the measures taken against COVID-19 in the pandemic are part of an elite conspiracy to increase the government’s control over the lives of ordinary people.
Daily News & Commentary
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October 7
The Supreme Court kicks off its latest term, granting and declining certiorari in several labor-related cases.
October 6
EEOC regains quorum; Second Circuit issues opinion on DEI causing hostile work environment.
October 5
In today’s news and commentary, HELP committee schedules a vote on Trump’s NLRB nominees, the 5th Circuit rejects Amazon’s request for en banc review, and TV production workers win their first union contract. After a nomination hearing on Wednesday, the Health, Education, Labor and Pensions Committee scheduled a committee vote on President Trump’s NLRB nominees […]
October 3
California legislation empowers state labor board; ChatGPT used in hostile workplace case; more lawsuits challenge ICE arrests
October 2
AFGE and AFSCME sue in response to the threat of mass firings; another preliminary injunction preventing Trump from stripping some federal workers of collective bargaining rights; and challenges to state laws banning captive audience meetings.
September 30
the NTEU petitions for reconsideration for the CFPB layoff scheme, an insurance company defeats a FLSA claim, and a construction company violated the NLRA by surveilling its unionized workers.