News & Commentary

October 19, 2020

Randon Herrera

Randon Herrera is a student at Harvard Law School.

The Senate is set to vote on two stimulus measures this Tuesday and Wednesday, CNN reports. They will first vote on the stand-alone Paycheck Protection Program designed to provide relief to small businesses. Then, on Wednesday, Senate Republicans will try to pass a $500 billion stimulus package. The stimulus package is the same package House democrats rejected last month after pushing for a much a larger, $1.8 trillion package. Meanwhile, House Speaker Nancy Pelosi said Sunday that negotiators must compromise on a stimulus deal by end of day Tuesday for a package to be passed before election day. Many of Pelosi’s criticisms of the Republican plan regard the plan’s failure to adequately include measures for Covid-19 testing and contact tracing.

A former McDonald’s worker is suing the fast-food chain for allegedly retaliating against her for protesting the chain’s Covid-19 safety policies earlier this year. According to the whistleblower lawsuit, the plaintiff, Maria Ruiz Bonilla was fired after filing complaints and staging multiple walkouts in March and April to protest the company’s policies. Ruiz claims that during those months of the pandemic, workers were not provided with sanitizer, gloves, or other cleaning equipment. Additionally, workers were forbidden from wearing masks. Ruiz’s complaint is the latest of many whistleblower claims against companies who neglected to take safety precautions during the early days of the pandemic.

One of the many lawsuits against Uber may require the US Supreme Court to resolve a disputed arbitration issue, according to Bloomberg Law.  In a Ninth Circuit case where Uber drivers are again fighting to be classified as employees, the drivers’ attorney argued that Uber’s arbitration agreement forcing drivers to arbitrate wage-and-hour claims should be voided under a Federal Arbitration Act exemption. The argument claims that Uber drivers are engaged in interstate commerce and are thus exempt from arbitration under the Act. If the Ninth Circuit rules in favor of the drivers, it would create a circuit split that the Supreme Court would likely resolve. A Supreme Court ruling in favor of the drivers would be a huge blow to gig economy companies that have used arbitration agreements as a shield against worker misclassification claims.

And finally, the Supreme Court will fast track oral arguments regarding the Trump Administration’s effort to exclude undocumented immigrants from the 2020 US census. The Administration released a memo in July of this year directing the Department of Commerce to exclude undocumented immigrants from the census. The move would have serious ramifications for the reapportioning of Congressional seats later this year. It would also be a departure from the precedent of counting both citizens and non-citizens that dates back to 1790. The Court is set to hear arguments on November 30, just before the scheduled reapportioning of House seats.

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