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What I've Been Reading This Week: A Look Back Edition


On Wednesday, there was major news out of the Northern District of Texas when Judge Sam Cummings issued a permanent injunction to block the "persuader rule".  For those unfamiliar with the "persuader rule", this was a regulation pushed by the Obama administration which would have imposed significant reporting requirements that would mandate employers or consultants to disclose any arrangement to persuade employees in regard to the right to organize or collectively bargain.  It goes without saying that this is quite a development and therefore is one of the main articles I wanted to highlight this week.

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



Back in September, a temporary injunction was granted by Judge Cummings to block the "persuader rule" and the Department of Labor announced it would appeal the ruling to the Fifth Circuit Court of Appeals.  It turns out that Judge Cummings granted a permanent injunction on Wednesday which could be the death knell for the "persuader rule" as we know it.  As Daniel Fisher over at Forbes writes, given the fact that the Department of Labor's appeal probably will not be successful with the Fifth Circuit (and might not even survive an appeal to the United States Supreme Court...which Donald Trump could influence with pro-business justices), this might be the end of the "persuader rule."

In May, I had pointed readers to a recent class action lawsuit filed against Uber in which Uber drivers claim they were misidentified as independent contractors (rather than employees), and therefore were entitled to unpaid wages.  In recent weeks, news has come from across the pond that Uber drivers in England and Wales have won the right to be classified as workers (employees) rather than self-employed contractors (independent contractors).  Natasha Lomas over at Tech Crunch details how an employment tribunal held that these Uber drivers are now entitled to holiday pay, paid rest breaks, and the National Minimum Wage.  Of course, Uber has indicated they will appeal...but this ruling certainly gives a glimmer of hope to Uber drivers in the U.S. who continue their fight to be classified as employees.  Stay tuned.

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