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California’S 2023 Legislative Cycle: Governor Newsom Provides Victories And Losses For The Labor Movement, Victoria Chan

GGU Law Review Blog

During the 2023 legislative cycle, the California Legislature sent more than 900 bills to Governor Gavin Newsom’s desk for his review. Of the 900 bills, thirteen bills were sponsored by the California Labor Federation (CLF) in support of major labor initiatives. The CLF is a coalition of 1,200 unions dedicated to protecting workers. The CLF indicated that this past legislative year was a “fantastic year for organized labor in the [California] State Legislature,” specifically, thirteen of its sponsored bills passed the California Legislature and arrived at the Governor’s desk for his review.

Below is a preview of two workers’ rights …

California Restaurant Workers Seeking Justice At The Workplace, Victoria Chan

GGU Law Review Blog

According to a finding by the Economic Policy Institute, about $2 billion in wages are stolen from workers in California every year. A report by the National Employment Law Project (NELP) found that over 1 in 10 workers in California are paid less than the state minimum wage. To an individual worker, the stolen wages can equal more than two months’ rent, three months of childcare, and nearly a year’s worth of groceries for themselves and their family. These workers are oftentimes people of color, women, and immigrants in the restaurant industry.

Modern-Day Slavery Ring Discovered On Georgia Farms: When Will It End?, Lizet Palomera Torres

GGU Law Review Blog

Although all people in the United States have fundamental human rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights (UDHR), not everyone can enjoy them equally. Many people, such as employers, blatantly disregard these core human rights and exploit their migrant workers. However, despite migrant workers being disproportionately vulnerable to abuse, it is not uncommon for migrant workers to be reluctant to report employers because of their fear of retaliation and their relatively poor position. These workers often do not speak the language, are in remote and segregated areas and are exploited through their immigration …

Moore’S Law, Unemployment, And Homelessness: Why An Increasingly Automated Marketplace Demands Guaranteed Income Programs For Americans, Golden Gate University School Of Law

GGU Law Review Blog

Although the rate of people experiencing homelessness was increasing even before 2020, the Covid-19 pandemic contributed to a further rise in the nation’s unemployment rate. Studies have shown that a one-percent increase in the nation’s unemployment rate could bring an increase in homelessness of 0.065 per every 10,000 people. Unemployment during the pandemic rose to over fourteen percent, meaning that the pandemic will likely precipitate increased levels of homelessness in America. The influx of economic stimulus payments during the pandemic has refocused discussions on the extent to which guaranteed income programs could be used to provide some financial support to …

Employee Privacy Rights While Working From Home, Kourtney Speer

GGU Law Review Blog

Over the past few decades and especially under the circumstances of the COVID-19 pandemic, there has been a merger of office and home life. More and more employees are working from home. By bringing work home, employees may be unknowingly bringing a diminished expectation of privacy inside their home as well.

The Gig Economy’S Battleground – California Proposition 22, Rebekah Didlake

GGU Law Review Blog

This November, California voters will have the chance to voice their opinion in the ongoing battle between app-based tech companies and the state of California. These companies want to continue classifying their drivers as independent contractors even though the state of California has determined these drivers are employees. So far, Uber, Lyft, and Doordash have spent $110 million backing Proposition 22, titled the “Save App-Based Drivers & Services Act.” These companies are hoping California voters will give them the relief they have not been able to receive through the courts or the state. This article analyzes Prop 22 in light …

Law In The Time Of Covid-19: Legal Considerations Amidst A Growing Crisis, Justice Tecson

GGU Law Review Blog

COVID-19 has resulted in the destabilization of several aspects of human society, which may potentially cause an influx in litigation in certain practice areas such as employment, healthcare, and contract law. Although the legal effects of the pandemic have yet to be seen in their entirety, having knowledge of the potential legal issues better prepares individuals and businesses in dealing with this increased risk of litigation and could possibly help mitigate the circumstances caused by this viral, unprecedented attack on humanity.

The Bill That Disrupted The Gig Economy: Ab-5 And Uber’S Troubling Response, Suzin Win

GGU Law Review Blog

Taken effect on January 1st, California’s Assembly Bill 5 (“AB-5”) has created a great deal of controversy. Supporters of the law praise it for its attack on inequality in the workplace, while gig-based companies, like Uber and Postmates, have filed complaints, alleging that it is unconstitutional. Signed into law in September 2019, the statute codifies the ruling of Dynamex Operations West Inc. v. Superior Court of Los Angeles, a decision by the California Supreme Court that restricts employers from labeling its workers as independent contractors. In Dynamex, the court created a new standard of presumption that all workers are …

Paga Saves The Day Against Forced Arbitration, Letty Chavez

GGU Law Review Blog

Arbitration agreements are becoming increasingly common in the employment setting, with over 60 million Americans being bound by one. In the private sector, 56.2 percent of nonunion employees are bound by mandatory arbitration agreements. In California, 67.4 percent of workplaces are subject to mandatory arbitration. Employees are less likely to win their cases in arbitration than in court. The increase in PAGA lawsuits in recent years is likely associated to the increase in mandatory arbitration agreements. As more employees find themselves without access to the courts, PAGA claims offer the only remaining recourse for employees to have their day in …

California Wine Industry Feels The Effect Of Trump, Golden Gate University Law Review

GGU Law Review Blog

“When Mexico sends its people, they’re not sending their best. They’re sending people that have lots of problems, and they’re bringing those problems with us. They’re bringing drugs. They’re bringing crime. They’re rapists.” This was much of the tone about immigrants during Donald Trump’s speeches on his campaign trail. Since President Trump took office, it seems that immigration has propelled to the forefront of political debates and water cooler talk. Most of the headlines regarding immigration that have dominated our screens have been about children being separated at the border, Trump’s disapproval of sanctuary cities, or Trump’s incessant demand to …

A Victory For Labor Standards Overshadowed By Trumps Immigration Policies, Golden Gate University Law Review

GGU Law Review Blog

On June 22, 2017, the Ninth Circuit Court of Appeals held that deportation cannot be used as retaliation against undocumented workers who exercise their labor rights. Despite this victory, recent immigration policies discourage undocumented workers from exercising their labor rights.

Mandatory Agency Dues: Beneficial Or A First Amendment Violation?, Steph Nathaniel

GGU Law Review Blog

Unions have long been recognized as a major cornerstone to American culture – they have helped ensure fair wages, hours, and benefits for American workers for over a century. However, the question has continuously come up in legal discourse of whether unions modernly maintain their importance and effectiveness as exclusive bargaining representatives. This question raises an array of issues – one of those being whether public employees should be required to pay union dues when they are not members and do not support the union.

A case recently before the Supreme Court could end laws in 22 states that requires …

A Long Journey To Secure Permanent Overtime Rights For California Domestic Workers, Hina B. Shah

GGU Law Review Blog

Domestic workers are crucial part of the economic and social fabric of our country. However, isolated and hidden behind closed doors and mostly unprotected under the law, domestic workers face harsh working conditions.

Employee Rights: If Nobody Knows, Who Cares?, Lee Howery

GGU Law Review Blog

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