Deanna Krokos is a student at Harvard Law School
Before the California legislature’s session ending on Friday, lawmakers brought a broad variety of labor issues to the forefront. As Jared reported, the legislature passed AB5, a bill that would largely codify the Dynamex decision and potentially correct the misclassification of independent contractors in the state, ranging from janitors to gig workers. They also passed several anti-retaliation measures that would both lengthen the time for fired employees to file a claim with the Labor Commissioner and create a “rebuttable presumption” of unfair retaliation is a worker is fired within 90 days of filing a harassment claim.
Further, the legislature passed a bill requiring employers to provide facilities for employees to pump breastmilk. The bill was originally introduced and passed last year, but blocked when former Governor Jerry Brown vetoed it. Each measure will require Governor Gavin Newsom’s signature by October 13th, and go into effect January of next year.
While correcting misclassification remains big news in California, a group of Massachusetts drivers are bringing similar claims against a familiar defendant. Represented by Boston’s Fair Work PC, a former Dynamex driver won class certification this week to represent drivers in the state who claim they were misclassified as independent contractors. The class is comprised of about 100 drivers who delivered packages through the courier service.
The U.S. Women’s Soccer Team continued their legal fight for pay equity in court this week, moving for class certification to include all “past, present, and future” players as plaintiffs in their suit. Their lawsuit was filed in International Women’s Day earlier this year, and followed from broader public discussions of the U.S. Soccer Federation’s traditionally disparate payments to the men’s and women’s teams. Public opinion followed as the Women’s Team went on to win the 2019 Women’s World Cup. If granted, class representatives would include players Alex Morgan, Megan Rapinoe, Carli Lloyd and Becky Sauerbrunn.
Finally, the Wall Street Journal reported that for the second consecutive month, job postings have fallen below last year’s metrics.
Daily News & Commentary
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June 4
Federal agencies violate federal court order pausing mass layoffs; Walmart terminates some jobs in Florida following Supreme Court rulings on the legal status of migrants; and LA firefighters receive a $9.5 million settlement for failure to pay firefighters during shift changes.
June 3
Federal judge blocks Trump's attack on TSA collective bargaining rights; NLRB argues that Grindr's Return-to-Office policy was union busting; International Trade Union Confederation report highlights global decline in workers' rights.
June 2
Proposed budgets for DOL and NLRB show cuts on the horizon; Oregon law requiring LPAs in cannabis dispensaries struck down.
June 1
In today’s news and commentary, the Ninth Circuit upholds a preliminary injunction against the Trump Administration, a federal judge vacates parts of the EEOC’s pregnancy accommodation rules, and video game workers reach a tentative agreement with Microsoft. In a 2-1 decision issued on Friday, the Ninth Circuit upheld a preliminary injunction against the Trump Administration […]
May 30
Trump's tariffs temporarily reinstated after brief nationwide injunction; Louisiana Bill targets payroll deduction of union dues; Colorado Supreme Court to consider a self-defense exception to at-will employment
May 29
AFGE argues termination of collective bargaining agreement violates the union’s First Amendment rights; agricultural workers challenge card check laws; and the California Court of Appeal reaffirms San Francisco city workers’ right to strike.