Posts Tagged ‘California’

Labor and employment roundup

  • More on presidential candidate Bernie Sanders’ big plans to regulate employment [Cato Daily Podcast with Ryan Bourne and Caleb Brown, related earlier]
  • It’s not just the joint employer rules, NLRB is rolling back Obama-era decisions in many other areas too: union elections, including “quickie” procedures [Laura I. Bernstein, Felhaber Larson]; confidentiality in workplace investigations and use of company email systems [Jon Hyman]
  • California Agricultural Labor Relations Board adopts a regulation entitling union organizers to enter farms whether owners approve or no. When such a mass incursion, with bullhorns, disrupts farm operations, has a taking of property occurred? Ninth Circuit says no [Pacific Legal Foundation; Metropolitan News-Enterprise; Federalist Society podcast with Wen Fa and Bethany Berger]
  • Study based on tax data finds typical member of top-earning 1% “derives most of his or her income from human capital, not financial capital” [David Henderson] Or on the other hand: “The [analytic] attempt to divide all income between labor and capital is a fool’s errand.” [Arnold Kling]
  • “Both the financial market crash and the aging of America’s industrial workforce are real phenomena. They did not, however, cause the multiemployer pension crisis.” [Charles Blahous, Economics21; more by Blahous here, here, and here; earlier]
  • Supervisor’s remarks critical of exercising FMLA leave options keep nurse’s lawsuit alive despite clients’ complaints about her behavior while visiting their homes [Ronald Tang, SHRM]

“What Does California’s New Data Privacy Law Mean? Nobody Agrees”

The new California law on consumer data is stringent but, as is so often the case with that state’s legislation, less than pellucidly clear [Natasha Singer, New York Times] :

“Companies have different interpretations, and depending on which lawyer they are using, they’re going to get different advice,” said Kabir Barday, the chief executive of OneTrust, a privacy management software service that has worked with more than 4,000 companies to prepare for the law. “I’ll call it a religious war.”

The new law has national implications because many companies, like Microsoft, say they will apply their changes to all users in the United States rather than give Californians special treatment.

AB5: California’s much-predicted freelancer disaster

“California’s new employment law has boomeranged and is starting to crush freelancers” [Elaine Pofeldt, CNBC] “As with many of my colleagues today, because I live in California, I was just told that I can no longer hold a paid position with SB Nation.” [Rebecca Lawson, Mavs Moneyball; Whitson Gordon thread on Twitter] “Separately, there’s some bit of irony in the fact that just a few months ago, Vox itself had a headline celebrating AB5 calling it a ‘victory for workers everywhere.’ Except, I guess, the freelancers who worked for Vox.” [Mike Masnick, Techdirt] “These were never good jobs,” claims the measure’s sponsor, Assemblywoman Lorena Gonzalez (D-San Diego), but lots of freelancers have made clear they disagree [Billy Binion] “Mainstream politicians and pundits love to cite ‘unintended consequences’ when their preferred policies cause harm in the exact ways libertarians said they would.” [Elizabeth Nolan Brown, earlier]

More: impacts on music, theater, and the performing arts make AB5 a creative-unfriendly law [Joshua Kosman and Carolyn Said, San Francisco Chronicle]

Constitutional law roundup

  • “North Dakota legislators attempt to retroactively change the terms of contracts between manufacturers and dealers of farm equipment. Well, crack open your Con Law casebook because that violates the Contract Clause of Article I, Section 10. So holds the Eighth Circuit (over a dissent), treating the reader to a history of the clause from 1789 to the New Deal and beyond.” [IJ “Short Circuit” on Association of Equipment Manufacturers v. Burgum]
  • Subsidies conditioned on, and meant to promote, an official orthodoxy: California moves to approve $50 million state fund for film and TV production earmarked for producers who “share” state’s “values” on reproductive rights [Eugene Volokh]
  • Not your usual combination: Cato Institute, Brennan Center, and Sierra Club join in amicus brief to challenge President’s powers under National Emergencies Act to divert funds appropriated for other purposes to construction of U.S.-Mexico wall [David Post]
  • Judge Diarmuid O’Scannlain on textualism and the future of the federal judiciary [Federalist Society]
  • “No person shall be disturbed in his private affairs, or his home invaded, without authority of law,” declares the constitution of Arizona. While judges in Washington have developed a distinctive jurisprudence based on the similar clause in their state’s constitution, the Arizona judiciary as yet has not [Timothy Sandefur]
  • Does the Commerce Clause really empower the U.S. Congress to criminalize acts of animal cruelty “affecting” interstate commerce, whatever that means? [Jacob Sullum]

Discontinue prosecution of shoplifting, get more of it

On the West Coast, changing public policies including lighter legal consequences for theft and lower priority of police response have led to a rise in shoplifting and other crime in stores, sometimes blatant. Compounding the problem: stores fear large liability payouts should they chase or touch a suspected miscreant [Christopher F. Rufo, City Journal; Scott P. Lindsay study for Downtown Seattle Association]

California’s demands on utilities don’t add up

Already driven to the bankruptcy courts by liability over past wildfires, and facing further legal exposure when its equipment sparks new fires, Pacific Gas & Electric generally does not face liability for cutting power supply [Tyler Cowen, Bloomberg Opinion and related with reader comments; Ted Frank on Twitter] “California’s ratepayers like to imagine that someone else can pay the bill… In 2017, the commission refused to let San Diego Gas & Electric raise rates to cover its liability for wildfires that took place in 2007, which is why utilities are now terrified of any risk, however small, that their equipment might start a fire.” [Megan McArdle, Washington Post/Santa Cruz Sentinel] More: Ed Driscoll with link roundup including account of opposition to trimming of trees near PG&E power lines to reduce fire risk; earlier including link to Susan Shelley column.

California vs. freelance writers

A new California anti-gig-economy law sponsored by a labor-organizer-turned-lawmaker is shaping up as a disaster for freelancers — exactly as Virginia Postrel and others predicted it would. “If a freelance journalist writes for a magazine, newspaper or other entity whose central mission is to disseminate the news, the law says, that journalist is capped at writing 35 ‘submissions’ per year per ‘putative employer.'” The law is set to go into effect January 1. [Hollywood Reporter; earlier here, here, etc.]

Higher education roundup

  • Federal judge upholds Harvard’s admissions policy against charges of discrimination against Asian Americans, appeal likely [Anemona Hartocollis, New York Times; Roger Clegg/Martin Center; Neal McCluskey, Hechinger Report (“private institutions should be free to have affirmative action, but it should be prohibited at public institutions”); Ilya Shapiro, WSJ last year]
  • In Florida, following an initiative from Gov. Ron DeSantis, state universities expected to adopt versions of “Chicago Statement” committing to freedom of expression [Mary Zoeller, FIRE]
  • Under antitrust pressure from the U.S. Department of Justice, college association drops guidelines discouraging “poaching” students and other competition for enrollment. Could mean big changes in admissions process [Scott Jaschik, Inside Higher Ed]
  • In case you missed this angle in the astounding Bruce Hay story earlier: Hay “has already run afoul of [Harvard] investigators for reaching out to journalists (namely me), which they view as an act of retaliation” under Title IX [Kera Bolonik]
  • “The Galling Push for a Student Debt Bailout” [Cato Daily Podcast with Christian Barnard and Caleb Brown] If more of the same is what you want, you’re in luck with the House majority’s new College Affordability Act [Neal McCluskey, Cato]
  • The story of Oberlin College’s town-gown legal debacle in the Gibson case [Abraham Socher, Commentary] Return of the loyalty oath, cont’d: update on University of California requirement that all faculty candidates “submit an equity, diversity and inclusion statement as part of their application” [Nora McNulty, Daily Bruin; Stephen Bainbridge; earlier] Professor at the New School exonerated after quoting James Baldwin [FIRE] Students at University of Tennessee, Knoxville, have a lot of sensitivity training in their futures. Coming to 4-H too? [Hans Bader]

October 2 roundup

  • Supreme Court should step in to protect freedom of association against California’s push to obtain donor identities for controversial groups [Ilya Shapiro and James Knight on Cato certiorari amicus brief in Americans for Prosperity Foundation v. Becerra, earlier]
  • Civil liberties implications pretty dire if taken seriously: “Trump White House Mulls Monitoring the Mentally Ill for Future Violence” [Cato Daily Podcast with Julian Sanchez and Caleb Brown]
  • Online platform liability: “all the ignorance about and hostility toward Section 230 of late has been infecting the courts.” Take for example the Ninth Circuit [Cathy Gellis, TechDirt]
  • New book (not seen by me) by Bruce Cannon Gibney, The Nonsense Factory: The Making and Breaking of the American Legal System, draws a favorable review from Tyler Cowen and a less favorable one from Mark Pulliam;
  • The loophole that lets 3.1 million persons — even millionaires — collect SNAP benefits even though they wouldn’t otherwise meet eligibility standards, and why some state agencies are fine with this [Angela Rachidi and Matt Weidinger, AEI]
  • Mark your calendar for Harrisburg, Pennsylvania Nov. 16: I’ll be a featured speaker (as will author Dave Daley) at “Reclaiming Our Democracy: The PA Conference to End Gerrymandering” [Fair Districts PA]