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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November 2
DOL's domestic worker wage rules partially invalidated; Trump Administration restrained from threatening to prosecute election officials; USCIS forced to reinstate minimum notice period for unaccompanied children's asylum interviews.
November 1
Dockworkers strike to protest arms shipments; Weil closes its doors.
October 30
Sectoral bargaining could blunt A.I. job loss; Gen-Z job searchers stare into the void.
October 29
Dolores Huerta, labor leader, feminist, and civil rights icon, dies at 96.
October 28
The Writers Guild of America East provides writers with access to software that protects their work from AI scraping, and city workers in Oregon reach a tentative agreement after a six-day strike.
October 27
Some California union locals defy their statewide leadership to back the state’s billionaire tax proposal; a Brown University technology center releases a map of the hidden global workforce behind AI; the National Women's Soccer League and its players union settle six grievances.