Written by Taher Kameli & Chathan Vemuri In an earlier post, we talked about how the First District Court of Appeal in California ruled that Uber and Lyft drivers were employees and were entitled to full protections under California’s Assembly Bill 5 law (AB5) such as paid sick leave, overtime, and fair wages.[1] Around the same time, however, Uber and Lyft were sponsoring a state ballot-initiative for Election Day known as Proposition 22 that would have exempted their drivers from the protections of AB5 and identified them as “independent contractors” rather than “employees.”
Written by Taher Kameli & Chathan Vemuri The rise of the gig economy has to new forms of work that face tremendous obstacles when it comes up against worker legislation like the NLRA. No job has become more symbolic of the gig economy than the rideshare services known as Uber and Lyft. There has long been a debate about whether Uber and Lyft drivers were either employees or independent contractors. Being the latter would exempt Uber and Lyft from giving their drives their necessary protections and benefits under the National Labor Relations Act and other
Written by Taher Kameli & Chathan Vemuri In what could be seen as a boon to employers, the U.S. Department of Labor issued a proposed regulation setting out a new definition of who was or was not an “independent contractor.”[1] This regulation, if approved and finalized, would make it easier for employers to classify much of their workforce as “independent contractors” and be excused from providing them labor protections under the Fair Labor Standards Act.[2] On the other hand, however, it may affect the security of workers as they could lose considerable protections and benefits
Written by Taher Kameli & Chathan Vemuri The Environmental Protection Agency (EPA) conducted a final risk evaluation on the substance 1-Bromopropane (1-BP), as per the Toxic Substances Control Act.[1] It sought to inquire about the safety of 1-BP for general use and the environment.[2] On August 11, 2020, the Environmental Protection Agency (EPA) released this report.[3] Although it found that 16 out of 25 conditions of use presented an unreasonable risk to workers, occupational non-users, consumers and bystanders, the EPA still found that none of these conditions made 1-BP pose any unreasonable environmental
Written by: Taher Kameli, Esq. While one can easily criticize many of the anti-immigration policies issued by the Trump administration for their substantive positions, to the extent that government policy consistency is beneficial, you cannot fault the Trump administration for lack of general consistency on immigration issues. Whatever the immigration issue, from migrant rights to green card rights to citizenship rights, the Trump administration will generally consistently adopt the position on the issue that restricts, and is adverse to, such migrant rights, green card rights, or citizenship rights. As another example of the Trump administration’s generally consistent