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What I've Been Reading This Week


To start off the new year, I wanted to look ahead to some newsworthy labor and employment law related topics that we will likely see in the coming months.  However, before looking ahead to new developments in 2020, I thought it imperative to highlight the ongoing push back against AB 5, the California law passed last year which codified the "ABC" test.  While the California Legislature was able to secure AB 5's passage at the eleventh hour (before the Legislature adjourned), there has been growing frustration among many as to the new law.

As always, below are a couple articles that caught my eye this week.


Senator Bernie Sanders Faces Tougher Fight in New Hampshire, As Unions Stay on Sideline

Trent Spiner at Politico wrote an article yesterday in which he noted that Vermont Senator Bernie Sanders is facing a tougher challenge in his race for President, compared to when he previously ran in 2016.  One of the reasons?  Major labor unions are sitting on the sideline this primary season, which makes the upcoming primary in New Hampshire, for instance, more difficult for Senator Sanders compared to 2016 when he received endorsements from these labor unions.  In 2016, buoyed in part by the backing of several labor unions, Senator Sanders was able to resoundingly defeat former Secretary of State Hillary Clinton in New Hampshire.  However, with these same labor unions not endorsing Senator Sanders (or any of his competitors), Sanders has seen a previously strong backer of his campaign suddenly sidelined.  It will be interesting to see when these labor unions officially make an endorsement of a candidate.  Something tells me many (or most) will wait for the field of candidates to thin before making a decision.


(Another) Lawsuit is Filed Against California's AB 5

Last month, the American Society of Journalists and Authors, Inc. and the National Press Photographers Association (the "organizations") filed suit, seeking to challenge the passage of AB 5.  Readers will recall that several gig companies have sought to challenge the law by putting a measure on the 2020 ballot.  As well, the California Trucking Association filed suit last year to challenge the law.  With this recent lawsuit, the organizations are challenging a provision of AB 5 that prohibits an individual from submitting more than 35 pieces to a publication in a year (unless that publication employs him/her.)  The lawsuit claims that this provision unconstitutionally restricts free speech and the media as well as the fact that these restrictions are not placed on similar professions such as marketers or graphic designers.  According to the lawsuit, the restrictions in AB 5 violate the Equal Protection Clause of the 14th Amendment.  This lawsuit (and the other challenges to AB 5) will be something to keep an eye on going forward.


Remote Work Availability On the Rise (At Least Among a Certain Sector of Workers)

HRDive published an article recently in which it noted the increase in remote work (or work from home) being offered to workers.  Of note:  Among workers 16 - 24 years old, 80% report that remote work is permitted, however, among workers 55 - 64 years old, 66% report that remote work is permitted; and among companies founded less than eleven years ago, remote work is generally accepted by over 82%, however, among companies that have been around more than twenty years, there is a significant decline.  I am not necessarily surprised that younger workers and newer companies are more open to the idea of allowing remote work, as many view this flexibility as part of the employment package.  Whether this trend of allowing remote work will continue to grow remains to be seen, but I would expect it to continue to be more widely accepted in the coming years.


$15/Hour Minimum Wage Hike Could Become a Reality in Vermont

Last year, S.23 was introduced in the Vermont Legislature which seeks to raise the minimum wage rate in the state to $15/hour.  (The current hourly minimum wage rate is $10.78.)  The Senate has approved legislation which would raise the minimum wage rate to $15/hour by 2024; the House has approved legislation which would extend the timeline to 20206.  Although the Senate and House are a few years apart on the application of the wage hike, it is expected a compromise will be reached and the bill will go before Governor Phil Scott.  While the Governor's signature is no sure thing, this is one to keep an eye on in the new year.


Wave of Minimum Wage Hikes Coming in 2020

Minimum wage hikes have been an ongoing talking point for years, and will likely continue to gain momentum given the upcoming election in November.  To help keep track of things, I refer readers to this article from Yannet Lathrop in which she breaks down how (and when) the minimum wage hikes in 24 states and 48 cities will go into effect this year.  Bear in mind that many minimum wage hikes went into effect this past Wednesday.  Employers and employees alike would be wise to keep an eye on whether these minimum wage hikes apply to them.

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