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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January 16
The NLRB publishes its first decision since regaining a quorum; Minneapolis labor unions call for a general strike in response to the ICE killing of Renee Good; federal workers rally in DC to show support for the Protecting America’s Workforce Act.
January 15
New investigation into the Secretary of Labor; New Jersey bill to protect child content creators; NIOSH reinstates hundreds of employees.
January 14
The Supreme Court will not review its opt-in test in ADEA cases in an age discrimination and federal wage law violation case; the Fifth Circuit rules that a jury will determine whether Enterprise Products unfairly terminated a Black truck driver; and an employee at Berry Global Inc. will receive a trial after being fired for requesting medical leave for a disability-related injury.
January 13
15,000 New York City nurses go on strike; First Circuit rules against ferry employees challenging a COVID-19 vaccine mandate; New York lawmakers propose amendments to Trapped at Work Act.
January 12
Changes to EEOC voting procedures; workers tell SCOTUS to pass on collective action cases; Mamdani's plans for NYC wages.
January 11
Colorado unions revive push for pro-organizing bill, December’s jobs report shows an economic slowdown, and the NLRB begins handing down new decisions