Posts tagged Ninth Circuit Court of Appeals
OPINION: Sen. Sinema Shouldn’t Let Julie Su Turn Ariz. Into Calif.
June 5, 2023 // More than one million freelance workers lost work in the wake of AB5’s passage. In response to public outrage, the California legislature carved out scores of politically connected professions from the draconian legislation so that it no longer applied to musicians, translators, writers, photographers, and many others. But big labor’s main targets – independent truckers and the gig economy – are still suffering from AB5’s harsh policy. Even the notoriously left-leaning Ninth Circuit Court of Appeals has suggested that AB5’s sponsors and enforcers may have had no legitimate policy objectives in mind when granting exemptions to AB5, and instead acted out of "animus" by targeting companies that facilitate vast swaths of independent contracting.
Reclassifiying Rhode Island’s independent workforce could cost the state millions
May 25, 2023 // Actual instances of misclassification are already addressed by existing laws. And if workers desire to obtain benefits, health care, or otherwise, they need not be traditional employees to do so. To prevent forced misclassification in Rhode Island, lawmakers should propose reforms like portable benefits to allow workers to maintain their independence yet apply for benefits as needed. Utah just pioneered this reform to allow worker benefits to follow workers, not employers. With a portable benefits system in place, forced reclassification efforts like SB 430 can be defeated. As of December 2022, 27 percent — or 85,116 self-employed gig workers — of Rhode Island’s small business workforce engages in independent contract work. That should be celebrated, not undone by misguided policymaking that seeks to correct a non-problem.
Supreme Court Misses an Opportunity to Protect Workers from Public-Sector Unions
January 26, 2023 // The Supreme Court decided today that it will not grant certiorari in the case Wright v. SEIU Local 503, one of several union-forgery cases currently working their way through the court system. By not hearing the case, the Court is allowing confusion about public-sector workers’ constitutional rights to persist. The Freedom Foundation, a conservative union-watchdog group, has found about a dozen cases where unions allegedly forged someone’s signature in order to keep taking money from their paycheck. Though it may seem like a simple question, lower-court rulings have failed to address the issue head-on.
OC Lifeguards Push for Rehearing of First Amendment Challenge to Union Membership Trapping Scheme
May 23, 2022 // Restrictions will trap lifeguards in union membership and full dues payments for almost four years after they opted out of union
CEA Union Officials Back Down after Plainville Community School District Teacher Exercises Right to Cut Off Dues
April 4, 2022 // Despite Connecticut Education Association (CEA) union officials trying to restrict the exercise of her right to a narrow span of days several months away known as an “escape period,” Corvello was able to opt-out of the union before the “escape period” and is no longer paying dues to the CEA hierarchy.
‘Doorknockers’ challenge to California gig-worker law goes before Ninth Circuit
February 7, 2022 // Political canvassers and signature gatherers claim they should be treated as independent contractors, like salespeople and newspaper carriers.