Mackenzie Bouverat is a student at Harvard Law School.
Business groups have initiated a legal challenge to to delay a Trump-era rule that would clear the way for businesses to classify more workers as independent contractors. In a complaint filed Friday in the Beaumont Division of the U.S. District Court for the Eastern District of Texas, the Coalition for Workforce Innovation alleged the Biden Labor Department’s decision to delay implementation of the rule violates the Administrative Procedure Act because the U.S. Labor Department failed to provide a substantive justification or a meaningful comment period for its decision to delay the rule; the business coalition seeks a declaration that the Trump-era rule went into effect March 8.
In the wake of a California Supreme Court January ruling in Vazquez v. Jan-Pro Franchising Int’l , applying the “ABC test” for the determination of whether a worker is an independent contractor applies retroactively, the California Court of Appeal, Second District has revived the misclassification complaints issued by transport truck drivers for East Coast Transport Inc. The drivers sued the company in 2017, alleging that their misclassification as independent contractors had deprived them of the statutory protections to which they are entitled as employees. The Los Angeles County Superior Court found the drivers were independent contractors under the multi-factor standard set forth in 1989’s S.G. Borello & Sons Inc. v. Department of Industrial Relations. Per the Superior Court, East Coast met its burden of showing the company did not supervise the drivers and exerted limited control over them. Per the Vazquez holding, however, the trial court will now apply the ABC test to the drivers’ claims.
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September 17
A union argues the NLRB's quorum rule is unconstitutional; the California Building Trades back a state housing law; and Missouri proposes raising the bar for citizen ballot initiatives
September 16
In today’s news and commentary, the NLRB sues New York, a flight attendant sues United, and the Third Circuit considers the employment status of Uber drivers The NLRB sued New York to block a new law that would grant the state authority over private-sector labor disputes. As reported on recently by Finlay, the law, which […]
September 15
Unemployment claims rise; a federal court hands victory to government employees union; and employers fire workers over social media posts.
September 14
Workers at Boeing reject the company’s third contract proposal; NLRB Acting General Counsel William Cohen plans to sue New York over the state’s trigger bill; Air Canada flight attendants reject a tentative contract.
September 12
Zohran Mamdani calls on FIFA to end dynamic pricing for the World Cup; the San Francisco Office of Labor Standards Enforcement opens a probe into Scale AI’s labor practices; and union members organize immigration defense trainings.
September 11
California rideshare deal advances; Boeing reaches tentative agreement with union; FTC scrutinizes healthcare noncompetes.