Skip to main content

Senator Elizabeth Warren Wades Into California’s Consideration of Gig Worker Classification


Last week, Democratic Senator Elizabeth Warren wrote an op-ed in which she advocated for passage of AB 5, a bill currently working its way through the California Assembly.  That proposed legislation would codify a 2018 ruling from the California Supreme Court, Dynamex v. Superior Court, which upended the test for determining whether a worker is an employee or independent contractor.  Of note, the newly created test from that ruling resulted in many gig workers in the state being found to be classified as employees rather than independent contractors (and imposed retroactive liability for employers in the state.)

Readers might recall that Senator Warren is one (of many) Democratic candidates vying for the party’s 2020 Presidential nomination.  With her elevated profile and access to a wide range of media coverage, I would expect her support for the passage of AB 5 to continue to receive widespread attention and support from gig workers across the country.

For those wondering, AB 5 is currently working its way through the California Senate.  While its passage is not guaranteed (and Democratic Governor Gavin Newsom has not indicated whether he would even sign he legislation into law if it reached his desk), the clock is ticking as the legislative session ends next month.


For a copy of Senator Warren’s op-ed:  https://www.sacbee.com/opinion/article233987982.html

For additional information on AB 5:  https://www.jdsupra.com/legalnews/ab-5-update-california-senate-committee-42115/

Comments

Post a Comment

Popular posts from this blog

NLRB: Discussion Among Employees About Tip Pooling is Protected Concerted Activity

  This Advice Memorandum from the National Labor Relations Board’s Associate General Counsel, Jayme Sophir, addressed whether employees which discussed and complained about tip pooling at work constituted protected concerted activity. In relevant part, an employer in New York operated a chain of steakhouses.  While tip pooling was in place at these steakhouses, some of the employees objected to it on the grounds that it was not transparent and improperly divided tips among the workers.  Employees were told not to complain or talk to each other about the tip pool and were told that doing so would endanger their jobs.  Despite the employer later attempting to provide some clarity as to how the tips were being divided, rancor still existed among some employees.  At one point, the employees were told by a general manager that some employees that had been talking about the tip pool were “cleared out” and the employer would continue to do so. In the Advice Memorandum,...
Post a Comment
Read more

Breaking: Labor Secretary Rumored to Be Leaving Administration

A few hours ago, word leaked out that Labor Secretary Marty Walsh (“Walsh”) is in the midst of negotiations to head up the NHL Players Union and leave his position at the Labor Department. Walsh, who has served as the sole Labor Secretary under President Biden, has taken part in a labor renaissance of sorts as support for organized labor has increased during his term as Labor Secretary (although the number of workers that have joined a union over the past two years has not grown as mush as some expected.)  He has also overseen the ongoing negotiations with rail workers over a new contract, although that matter is still on shaky ground and playing out as we speak. As for who might step into the vacant Labor Secretary role, there are already rumblings that President Biden should nominate Deputy Labor Secretary Julie Su (a strong labor advocate) or even a progressive like Senator Bernie Sanders.  Until Walsh officially gives his notice, however, I would expect some/many potential...
Post a Comment
Read more

San Diego Rolls Back Vaccine Mandate For City Workers

Last Tuesday, the San Diego City Council voted to do away with the vaccine mandate for city employees. The city’s vaccine mandate that was in place required city workers to get the coronavirus vaccine or risk termination.  Perhaps to this surprise of no one, the city’s policy came under fire with 14 employees being terminated and over 100 other employees resigning.  With the coronavirus subsiding, including in Southern California, the San Diego City Council took action. Now, bear in mind, the repeal of the vaccine mandate does not take place immediately. With that being said, the mandate will be repealed March 8th.  I suppose the question now is, what other cities or regions follow San Diego’s lead? For additional information:   https://www.sandiegouniontribune.com/news/politics/story/2023-01-24/san-diego-repeals-controversial-covid-19-vaccine-mandate-citing-drop-in-cases-hospitalizations
Post a Comment
Read more