Randon Herrera is a student at Harvard Law School.
The University of Kansas Graduate Teaching Assistant’s Coalition (GTAC) will join university students on a Labor Day strike today to demand the school close due to rising Covid-19 cases on campus. KU is one of a few major universities to allow its students to return to campus for the fall term. The university has since reported over 500 positive cases on campus. In response, students plan to strike today to urge the university to close the campus for the safety of the university’s students and staff. They are also calling for additional measures, including guaranteed pay and hazard pay for KU’s laborers. The GTAC issued a statement in support of the students and pledged to represent and defend any graduate teaching assistants participating in the strike. KU’s head of employment relations stated in response that participation in the strike by teaching assistants would be illegal and could be cause for termination.
In the latest update on California’s attempts to restructure worker classifications, the state will exempt certain professions from Assembly Bill 5 (the law that requires gig companies like Uber to reclassify their workers as employees). The carveout, signed by Governor Gavin Newsom on Friday, exempts dozens of professionals from AB 5. Some of the exempt professions include freelance writers, musicians, cartographers, and contest judges. The law aims to establish a comprehensive framework to distinguish employee-employer relationships from professionals who run their own business. It goes into effect immediately.
In other corners of the gig economy, Uber drivers cannot escape the company’s arbitration agreement even if they are providing rides to out-of-state passengers. In an attempt to litigate the company’s alleged mishandling of a 2016 data breach, the plaintiff-driver argued that by picking up out-of-state passengers he was engaged in interstate commerce and should therefore by exempt from forced arbitration under the Federal Arbitration Act. The Ninth Circuit, however, rejected the argument. According to the court, where passengers come from and whether they are engaged in interstate commerce says nothing about whether drivers themselves are engaged in interstate commerce. The ruling provides rideshare companies with additional cushion from future litigation by their workers.
And finally, a federal judge in Washington has partially blocked Trump’s June travel ban on foreign workers. In June, the Trump administration issued a ban against foreign workers “who present a risk to the US labor market following the coronavirus pandemic.” The ban barred green card applicants, diversity visa lottery winners, and other foreign guest workers. On Friday, Judge Amit Mehta of the US District Court for the District of Columbia limited the ban. He stated that the federal government cannot bar diversity visa lottery winners and their relatives from receiving their papers before the program’s September 30 deadline. However, Judge Mehta declined to restrict the ban any further. The ruling could benefit over 900 visa lottery winners.
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
May 13
In today’s News and Commentary, Trump appeals a court-ordered pause on mass layoffs, the Tenth Circuit sidesteps a ruling on the Board’s remedial powers, and an industry group targets Biden-era NLRB decisions. The Trump administration is asking the US Court of Appeals for the Ninth Circuit to pause a temporary order blocking the administration from continuing […]
May 12
NJ Transit engineers threaten strike; a court halts Trump's firings; and the pope voices support for workers.
May 9
Philadelphia City Council unanimously passes the POWER Act; thousands of federal worker layoffs at the Department of Interior expected; the University of Oregon student workers union reach a tentative agreement, ending 10-day strike
May 8
Court upholds DOL farmworker protections; Fifth Circuit rejects Amazon appeal; NJTransit navigates negotiations and potential strike.
May 7
U.S. Department of Labor announces termination of mental health and child care benefits for its employees; SEIU pursues challenge of NLRB's 2020 joint employer rule in the D.C. Circuit; Columbia University lays off 180 researchers
May 6
HHS canceled a scheduled bargaining session with the FDA's largest workers union; members of 1199SEIU voted out longtime union president George Gresham in rare leadership upset.