Senator Mark Warner (D-VA) and Congresswoman Suzan DelBene (D-WA) introduced legislation on Thursday to promote innovative ways to offer portable benefits to workers engaged in temporary, contract, or on-demand work. The Portable Benefits for Independent Workers Pilot Program Act would establish a $20 million grant fund for states, local governments, and nonprofit organizations that design, implement, and evaluate models to deliver employment benefits that independent workers can maintain as they move from job to job. According to BuzzFeed News, Senator Warner recognizes the criticisms that his portable benefits proposal does not require cost-sharing and may make it easier for companies to misclassify employees as independent contractors, but underscored that “[the proposal] tries to meet the workforce where it’s at, and where it’s headed.”
Last week, the Rhode Island Superior Court held that a local company is guilty of discrimination for refusing to hire a prospective employee that actively used medical marijuana pursuant to the state’s medical marijuana program. ACLU’s Carly Beauvais Iafrate, an attorney representing the plaintiff, remarked, “This decision sends a strong message that people with disabilities simply cannot be denied equal employment opportunities because of the medication they take.”
The Commodity Futures Trading Commission (CFTC) approved rule changes last week to increase protections for whistleblowers and improve the claims review process. The 2010 Dodd-Frank Act established the agency’s whistleblower program, which now, according to the Financial Times, allows the CFTC and whistleblowers to bring anti-retaliation actions against an employer. Furthermore, employers can no longer prohibit would-be whistleblowers from contacting the CFTC directly.
A federal district court in Pennsylvania held earlier this month that the Americans with Disabilities Act (ADA) does not exclude coverage of “disabling conditions that persons who identify with a different gender may have —such as . . . gender dysphoria, which substantially limits . . . major life activities of interacting with others, reproducing, and social and occupational functioning.” According to JD Supra, the decision implies that transgender individuals diagnosed with gender dysphoria can seek reasonable accommodation and disability discrimination protection under the ADA.
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January 19
Department of Education pauses wage garnishment; Valero Energy announces layoffs; Labor Department wins back wages for healthcare workers.
January 18
Met Museum workers unionize; a new report reveals a $0.76 average tip for gig workers in NYC; and U.S. workers receive the smallest share of capital since 1947.
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.