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SpaceX's NLRB Suit Stays In Calif. After 5th Circ. Deadlock

Law 360

SpaceX's challenge to the National Labor Relations Board's constitutionality will be heard in California federal court after the full Fifth Circuit deadlocked Wednesday on the company's bid for review of a panel decision letting the suit's transfer from Texas stand.

Court 52
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US Labor Department proposes rule to curb misclassification of workers as independent contractors

JURIST

The US Department of Labor (DOL) Tuesday published a proposed rule clarifying when workers should be classified as independent contractors or employees entitled to minimum wage, over time and other Fair Labor Standards Act (FLSA) protections. The new rule institutes a multifactor test to determine labor classification.

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Switzerland high court rules Uber drivers are employees, entitled to benefits

JURIST

The Swiss Federal Supreme Court Friday upheld a ruling to classifying Uber drivers as employees and according them all the rights and benefits given to employees in Switzerland. ” The court also ordered Uber to pay 5,000 francs to the enforcement agency for labor law in Switzerland to cover their court costs. .

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SpaceX Suit Over NLRB Structure Shipped To Calif.

Law 360

A Texas federal judge on Thursday granted the National Labor Relations Board's request to transfer SpaceX's lawsuit claiming the agency is unconstitutionally structured to California, saying the actions the company said allowed it to file in Texas were "incidental to the principal events occurring elsewhere."

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US Supreme Court hears oral arguments in worker arbitration agreement case

JURIST

An employee of Viking River Cruises sued the company in state court under the California Private Attorneys General Act (PAGA) claiming widespread violations of California wage and hour laws. The California Supreme Court denied review. Concepcion. Whereas Plaintiff argues that the case is not at all like Concepcion.

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Rideshare companies ask justices to reexamine California worker-protection law

SCOTUSBlog

Moriana was a victory for employers seeking to enforce mandatory arbitration clauses in the face of a landmark California worker-protection law. The court found that the California law was inconsistent with the federal arbitration law’s broad mandate that courts enforce arbitration agreements.

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California sues Tesla for discrimination and harassment of Black workers

JURIST

Following a three-year investigation, California’s Department of Fair Employment and Housing (DFEH) sued Tesla Motors and fifty representatives Thursday, alleging its work environment violated the Fair Employment and Housing Act (FEHA) and other laws with regard to Black employees.