Annie Hollister is an Honors Attorney at the U.S. Department of Labor and an alumna of Harvard Law School.
The California Assembly has passed a bill that will make it harder for employers to classify workers as independent contractors. As Ryan wrote earlier this week, AB-5 codifies the “ABC test” introduced by the California Supreme Court in last year’s Dynamex case. Under Dynamex, a worker is classified as an independent contractor only if: (a) the worker is able to control and direct her own performance, both under the contract and in fact; (b) the worker provides a service that is outside the hiring entity’s usual business, and (c) the worker is customarily engaged independently in performing the work provided under the contract. Marissa has written about the legislative negotiations that preceded this vote. The final bill contains carveouts for several types of workers, including lawyers, salespeople, and hairdressers. Notably not exempted are truckers and rideshare drivers, whose status remains hotly contested. The bill will now advance to the state senate, which is expected to vote on it this summer.
Amazon will transfer its security contracts to two unionized firms. Security Industry Specialists (SIS), Amazon’s security contractor since 2012, has been the target of an ongoing organizing campaign by SEIU Local 6. SIS has previously been accused of mistreating Muslim workers and of subjecting workers to poor conditions. On Wednesday, Amazon announced that it would transfer its contracts to Allied Universal and Securitas, whose workers are represented by SEIU Local 6. Although Amazon representatives said that union status was not a factor in the contracting decision, labor leaders are celebrating the announcement as a victory for Washington workers. In the short term, SIS will lay off more than 1,000 workers, the majority of whom are expected to be re-hired by the new contracting firms; the result is likely to be hundreds more members of SEIU Local 6, which represents janitors, security officers, and airport workers in Washington state.
Hourly employees at Volkswagen’s Chattanooga, Tennessee plant will vote next month on whether to unionize under the United Auto Workers. Jared wrote last week about the UAW’s fight for recognition in Chattanooga. The UAW narrowly lost a plantwide union election in 2014, and faced a minor setback earlier this month when the NLRB rejected an election petition. The union refiled, and the election will take place over three days, from June 12 – 14.
The Guardian recently explored the ways in which influencer culture is undermining protections for child performers. Last year, a seven-year-old was YouTube’s highest-paid star, and underage Instagram influencers can earn hundreds of thousands of dollars per year. In California, children who work in traditional entertainment industries are protected by the Coogan Law, which was overhauled in 1999 following years of advocacy by labor and industry groups. The law ensures that earnings by child performers remain the property of those performers, and not of their parents or guardians. Although the California legislature has amended the law to include minors engaged in “social media advertising,” it remains unclear what, if any, obligations California-based tech companies – including YouTube and Instagram – owe to their tiny stars.
Daily News & Commentary
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July 4
The DOL scraps a Biden-era proposed rule to end subminimum wages for disabled workers; millions will lose access to Medicaid and SNAP due to new proof of work requirements; and states step up in the noncompete policy space.
July 3
California compromises with unions on housing; 11th Circuit rules against transgender teacher; Harvard removes hundreds from grad student union.
July 2
Block, Nanda, and Nayak argue that the NLRA is under attack, harming democracy; the EEOC files a motion to dismiss a lawsuit brought by former EEOC Commissioner Jocelyn Samuels; and SEIU Local 1000 strikes an agreement with the State of California to delay the state's return-to-office executive order for state workers.
July 1
In today’s news and commentary, the Department of Labor proposes to roll back minimum wage and overtime protections for home care workers, a federal judge dismissed a lawsuit by public defenders over a union’s Gaza statements, and Philadelphia’s largest municipal union is on strike for first time in nearly 40 years. On Monday, the U.S. […]
June 30
Antidiscrimination scholars question McDonnell Douglas, George Washington University Hospital bargained in bad faith, and NY regulators defend LPA dispensary law.
June 29
In today’s news and commentary, Trump v. CASA restricts nationwide injunctions, a preliminary injunction continues to stop DOL from shutting down Job Corps, and the minimum wage is set to rise in multiple cities and states. On Friday, the Supreme Court held in Trump v. CASA that universal injunctions “likely exceed the equitable authority that […]