Posts tagged equal protection
Federal lawsuit alleges discrimination against Vietnamese women nail techs
June 3, 2025 // Licensed barbers, cosmetologists, estheticians and electrologists can still work as independent contractors under state labor law without being subjected to a rigorous test. But exemptions under Assembly Bill 5 expired this year for manicurists. The change has left manicurists and nail salon owners alike confused as to whether non-employees can continue renting booths for their businesses — a decades-long industry practice.
Act 10, Scourge of Wisconsin Teachers, Faces Uncertain Future in Court
March 4, 2025 // According to the Bureau of Labor Statistics, the proportion of union members in Wisconsin’s workforce fell by nearly half, from 14.2% to 7.4%, between 2010 and 2023 (since that figure includes workers from all sectors, the drop for government employees is likely much steeper). A report from the Wisconsin Institute for Law & Liberty, a right-leaning think tank, showed that the total number of unions holding annual recertification votes across the state declined from 540 in 2014 to 369 in 2018. The largest teachers’ union in the state, the Wisconsin Education Association Council, experienced a dizzying loss of manpower and organizing heft. A 2019 study conducted by a pair of researchers at the University of Wisconsin found that WEAC was forced to restructure and cut its staffing by about two-thirds. The retrenchment was made necessary by a freefall in the collection of dues, the payment of which was made voluntary by Act 10. The loss of paid organizers could be offset, in part, by the efforts of teacher volunteers. But the union had no ready replacement for the millions of dollars in government relations funds that had suddenly evaporated; WEAC went from being one of the biggest lobbying forces in Madison to a second-tier player virtually overnight.
Conservative Wisconsin Supreme Court justice steps aside in pivotal union rights case
January 31, 2025 // A conservative Wisconsin Supreme Court justice said Thursday he will not participate in a pending case that will determine whether tens of thousands of public sector workers regain collective bargaining rights that were taken away by a 2011 law. Justice Brian Hagedorn drafted the law, known as Act 10, when he was chief legal counsel for then-Gov. Scott Walker. His decision to recuse himself from the case leaves the court with four liberal justices and two conservatives.
Act 10 lawsuit: Wisconsin judge strikes down parts of bill
July 9, 2024 // "The issue was, are people receiving equal treatment?" UW-Milwaukee Professor Emeritus Mordecai Lee said. Republicans argue that Act 10 solved Wisconsin’s deficit problem, while Democrats say it hurts schools and public employee pay.
House Panel Advances GOP Bill to Ban College Athletes as Employees
June 17, 2024 // Good suggested that college athletes should be pleased with having recently "won new freedoms," including name, image and likeness and the ability to transfer schools without enhanced restriction. Classifying those developments as "new freedoms" is debatable. NIL removed NCAA restrictions barring athletes from using a legal right they already possessed, the right of publicity, and only came about after states passed NIL statutes. As to the NCAA lifting transfer restrictions, that only surfaced after the NCAA lost in court on those very restrictions.
Wisconsin unions argue for overturning 2011 law that ended nearly all collective bargaining
May 30, 2024 // Public worker and teachers unions argued Tuesday that their lawsuit seeking to strike down a Wisconsin law that drew massive protests and made the state the center of a national fight over union rights should be allowed to proceed, even as the Republican-controlled Legislature sought to have it dismissed. It is the first challenge to the law known as Act 10 since Wisconsin’s Supreme Court flipped to liberal control last year.
9th Circuit panel will hear Uber/Postmates case on AB5
December 22, 2023 // The decision handed down by a three-judge panel in March was notable primarily for its reasoning that Uber and Postmates had been denied equal protection of the law in the process that led to the California approval of AB5, state legislation that required companies that hire independent contractors to reclassify them as employees. Equal protection of the law was the only claim by Uber and Postmates that the appellate panel backed; it supported the lower court rejection of other arguments. The panel cited the statements of then-Assemblywoman Lorena Gonzalez, now a state labor leader but the key driver in turning AB5 into law, as evidence that the move to more tightly define when a worker can legitimately be considered an independent contractor was an effort targeted at gig drivers like those at Uber.
Wisconsin’s Anti-Union Model Faces Reckoning as Top Court Shifts
December 12, 2023 // “They’ve been trying to overturn it through the legislature and the ballot box and have been wholly unsuccessful,” said Brett Healy, president of the conservative John K. MacIver Institute for Public Policy, which estimates Act 10 has saved taxpayers $16.8 billion as of this year. Act 10 also made it easier for school districts to fire low-performing teachers and retain good ones, said Walker, now president of the Young America’s Foundation, a conservative activist organization for youth. The former governor pointed to the state’s standardized test scores and graduation rates, which typically meet or exceed national averages. “We’ve seen tremendous success,” Walker added. “All the attacks they said at the time, how this would devastate schools, proved be just that—attacks. They don’t match reality.”
Teachers union presidents blast Supreme Court affirmative action ruling
July 17, 2023 // Weingarten said, “At the end of the day, those of us in education, and frankly for those of us in Labor … we fight for a better life for everyone. Neither of us are going to stop fighting for what kids and communities need to succeed,” Weingarten said. “Whether that kid is dyslexic or scarred by social media issues or, frankly, whether that kid, because schools were closed for a long time, has issues because of that.” Those words stand in stark contrast to her and her union’s actions, such as when AFT handcrafted school shutdown policies at the Centers for Disease Control (CDC) federal agency in early 2021. Based on released emails, AFT sent a list of suggestions (which included closing schools) to the CDC, and the CDC adopted much of the AFT’s list in their final public health guidance that kept schools closed.