VIENNA, 8 July 2016 – OSCE Representative on Freedom of the Media Dunja Mijatović, today expressed concern about a proposed law on the German Foreign Intelligence Agency (BND, Bundesnachrichtendienst), which was debated in the Bundestag, Germany’s Federal Parliament, today.

“Increasing surveillance capabilities of journalists is a clear threat to media freedom,” Mijatović said. “This draft law runs counter to the very core of fundamental freedoms such as media freedom and freedom of expression.”

The draft law increases BND’s capabilities to place foreign journalists under surveillance. Moreover, no exemption is made for the work of journalists, and journalists without citizenship of the European Union can be subjected to surveillance without an explicit court order.

“I call on the German Bundestag to revise the current draft law and ensure proper the protection of journalists regardless of their nationality,” Mijatović said.

The OSCE Representative on Freedom of the Media observes media developments in all 57 OSCE participating States. She provides early warning on violations of freedom of expression and media freedom and promotes full compliance with OSCE media freedom commitments. Learn more at www.osce.org/fom, Twitter: @OSCE_RFoM and on www.facebook.com/osce.rfom. 

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Bosses must pass on all tips and service charges to staff under new employment rules.

Washington — Stakeholders in the commercial trucking and livestock industries are applauding a provision to the Infrastructure Investment and Jobs Act that gives livestock and insect haulers an additional exemption from Federal Motor Carrier Safety Administration hours-of-service regulations.

Washington — OSHA’s budget will remain unchanged in fiscal year 2024, under new legislation signed into law March 23.

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The post Maui Considers New Law To Regulate Homeless Sweeps was curated by information for practice.

A customer walks behind a sign at a Nordstrom in Coral Gables, Fla., store seeking employees in May.; Credit: Marta Lavandier/AP

Jaclyn Diaz | NPR

Two organizations filed a lawsuit against Indiana Gov. Eric Holcomb in an attempt to block the state's push to end pandemic unemployment benefits on June 19.

Indiana Legal Services, an organization providing free legal assistance, and the Concerned Clergy of Indianapolis filed the lawsuit on behalf of five unnamed plaintiffs who are set to lose their jobless benefits. The complaint was filed Monday in Marion County Superior Court.

This lawsuit may be the first of its kind that aims to stop states from ending these benefits earlier than Congress mandated.

The unemployment insurance program "has served as a vital lifeline for thousands of Hoosiers," the complaint, reviewed by NPR, says. "By prematurely deciding t0 stop administering these federal benefits, Indiana has violated the clear mandates 0f Indiana's unemployment statute—to secure all rights and benefits available for unemployed individuals."

Indiana is one of 25 Republican-led states that decided to end jobless aid in an effort to get people to return to work. Indiana and seven other states are set to end expanded unemployment benefits as soon as this weekend. This is despite Congress's authorization for extra payments until early September.

Those benefits include the extra $300 a week in federal aid and the special pandemic program for gig workers that allows them to receive jobless benefits. Ordinarily, independent contractors wouldn't be eligible.

Plaintiffs, as well as many other Indiana residents, rely entirely on the unemployment benefits to pay for food and rent and to care for their families, the complaint alleges.

Attorneys in this case are requesting the judge approve a preliminary injunction that would allow people to receive their benefits while the case continues.

Holcomb says it's time to get back to work

Holcomb told The Indianapolis Star that people no longer need unemployment benefits as the state has a plethora of jobs open.

"Eliminating these pandemic programs will not be a silver bullet for employers to find employees, but we currently have about 116,000 available jobs in the state that need filled now," he said.

According to the governor's office, Indiana's unemployment rate has recovered to 3.9% after climbing to 17% at the height of the pandemic.

The lawsuit challenges Holcomb's assertion.

Each of the five plaintiffs say they are unable to return to work due to lingering injuries or disability, health conditions that put them at risk for COVID-19 exposure, dependent children at home and no childcare available, or no positions that are available in their career field.

Workers of color feel the loss of unemployment the most

The National Employment Law Project says ending these jobless benefits early threatens the livelihoods of workers of color the most.

Millions of Americans still heavily rely on jobless aid as the country slowly reopens from pandemic-induced lockdowns, according to the organization.

As of May 22, more than 15.3 million people still needed some form of unemployment benefit—nearly twice the number who received payments when the aid programs began in late March 2020, NELP said.

According to its analysis, over 46% of unemployment insurance recipients in the states ending the programs early are people of color.

"The brunt of the impact will be felt by Black, Latinx, Indigenous, and other people of color," NELP says.

Copyright 2021 NPR. To see more, visit https://www.npr.org.

This content is from Southern California Public Radio. View the original story at SCPR.org.

More Delaware employers will be able to participate in the state’s Workplace Safety Program and earn premium discounts, under a new law. Senate Bill 306, enacted by Gov. John Carney in…

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Hundreds of thousands of veterans have received additional benefits in the past year after President Joe Biden signed legislation expanding coverage for conditions connected to burn pits that were used to destroy trash and potentially toxic materials. The first anniversary of the law is Thursday, and Biden will mark the occasion at a Veterans Affairs hospital in Salt Lake City. Administration officials are trying to encourage as many people as possible to sign up by Wednesday, which would allow their benefits to be retroactive to when the law was signed. The agency is also trying to hire more people to handle the influx of claims, which is expected to cause larger backlogs over the coming months.

The post Veterans see historic expansion of benefits for toxic exposure as new law nears anniversary first appeared on Federal News Network.

(The Center Square) — The new year signals change, specifically new laws which will take effect in Virginia, especially in the health care sector.

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 I just published a new law review article with the Seattle University Law Review entitled: Students for Fair Admissions: Affirming Affirmative Action and Shapeshifting Towards Cognitive Diversity? The article can be downloaded here: https://digitalcommons.law.seattleu.edu/sulr/vol47/iss4/7/. Here is the abstract:

The Roberts Court holds a well-earned reputation for overturning Supreme Court precedent regardless of the long-standing nature of the case. The Roberts Court knows how to overrule precedent. In Students for Fair Admissions v. Harvard (SFFA), the Court’s majority opinion never intimates that it overrules Grutter v. Bollinger, the Court’s leading opinion permitting race-based affirmative action in college admissions. Instead, the Roberts Court applied Grutter as authoritative to hold certain affirmative action programs entailing racial preferences violative of the Constitution. These programs did not provide an end point, nor did they require assessment, review, periodic expiration, or revision for greater institutional efficacy, including possible race-neutral alternatives. The programs also failed to break down stereotypes through the introduction of a critical mass to empower diverse voices. The programs thereby resembled prohibited quotas or racial balancing. As such, the programs at issue violated Grutter, which still governs race-based affirmative action in college admissions. More importantly, the Roberts court paved the way for more expansive diversity-based admissions programs by permitting institutions to value individual racial experiences, which authentically further an institution’s mission and interests. After SFFA, the use of race as a factor could well face time limits. Contrastingly, individualized racial experiences may benefit college applicants at institutions that embrace diversity in an authentic way without facing any time limitation. Further, institutions with distinct missions may value diversity in a race-conscious way but without any racial preference. In sum, the Roberts Court guides the use of race in college admissions toward a race-neutral, diversity-based paradigm such that institutions may still unlock the empirically proven benefits of cultural diversity with only de minimus interference from the courts. This approach rests upon a powerful policy basis that leads to superior innovation, macroeconomic outcomes, social cohesion and, therefore, superior national security for the United States. This approach thus could support a powerful interest convergence.

The article shows that Supreme Court did not overrule its prior affirmative action precedents, and in fact paved the way for universities to embrace cultural and cognitive diversity to enrich their educational missions. This is important because the case has been widely misconstrued.

My next article will extend the Court's holding to corporate DEI efforts and demonstrate that such efforts are not only remain lawful but also essential to rational human resources management.

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Posted by Victoria Strauss for Writer Beware®


Last year, California passed a new law, AB-5, intended to make things better for gig economy workers, such as Uber and Lyft drivers, by forcing these companies to provide employee protections and benefits for their freelance workers.

However, the narrowly-written law, which went into effect on January 2, has created unintended consequences for freelance writers, most of whom are independent by preference. If they sell 35 or more pieces to the same company in a year (which can easily happen with short blog posts or  product reviews), the company must treat them as employees rather than freelancers and pay payroll taxes as well as unemployment and other insurances. Even before the law went into effect, companies were laying off California freelancers and seeking replacements in other states.

Book writers may be affected too, under certain specific circumstances.

The article below was originally published by the Authors Guild; I'm re-printing it with permission. This is an issue all writers need to be aware of, as similar laws are under consideration in other states, including New York and New Jersey.


We have been receiving inquiries about California’s new law AB-5 and similar pending legislation in other states that require companies hiring individuals on a freelance basis for labor or services to treat them as employees, unless the individual’s work falls within one of several exceptions. Laws like AB-5 (which goes into effect on January 2) are meant to aid gig economy workers, such as Uber and Lyft drivers, who work for a single company and have no employee protections. They are well-intentioned pieces of legislation, but unless they are narrowly written, they can go beyond protecting gig workers and disadvantage many traditional freelancers who wish to remain independent by overriding existing state agency law.

To be clear, the Authors Guild fully supports employment protections for freelance journalists and authors, and will be lobbying for collective bargaining rights in 2020. Like Uber drivers, writers have no benefits and are often paid less than minimum wage. But forcing writers to work as employees, especially on a state-by-state basis, is not the way to go about it. The situation in California speaks to the importance of deliberation, careful drafting, and getting buy-ins from the various industry groups. Similar “gig worker” bills are in the works in New York and New Jersey. The new draft NJ bill includes a strict, sweeping version of the ABC test. Those working closely on the bill are concerned that freelance journalists will in many cases be treated as employees. We will watch the bill and do our best to ensure that the necessary protections for freelance journalists are added.

* The NY bill attempts to exclude freelance journalists, and we have provided comments to the drafters to make it clearer.* (correction 12.30.19)

AB-5’s 35-Submission Cap

As many of you are aware by now, much of the debate surrounding AB-5 comes down to its 35-submission cap applying to the contributions of freelance journalists, editors, and photographers. When the bill was being negotiated, a coalition of writer and photographer groups, including the Authors Guild, was able to get an exception for freelance writers. Unfortunately, Assemblywoman Lorena Gonzalez, who sponsored the bill, added a cap of 35 pieces per company—meaning that once a freelance journalist or editor submits 36 articles or jobs for the same company in one year, the freelancer must be treated as an employee and the employer must pay California State unemployment and employee insurances.

Many full-time writers today patch together a living from different sources—and they want to keep it that way. Because of AB-5, California freelance journalists writing 35 or more pieces for a single company fear losing clients to writers in states with laxer laws. Indeed, some publications have already stated that they will not hire California freelance writers because of the new law. 35 articles might seem like a lot, but there are plenty of writers who write more than that. Writing a short weekly blog piece for a client could easily put a writer over this limit.

Another problem with treating writers as employees and not freelancers is that employee-writers do not own the copyright in their work; instead, the employer is considered the “author” under copyright law and automatically owns the copyright in its creation. Of course, as most major publications today insist on an assignment of copyright anyway, the practical effect, unfortunately, is the same: the writer gives up copyright. Still, freelance writers who assign copyright can reclaim it after 35–40 years, which is a benefit that employee-writers lack.

Does AB-5 Apply to Book Contracts?

Authors have raised alarm that AB-5 will apply to book writers as well. The Authors Guild has been reviewing the bill from that perspective since it was first introduced. We were assured by those working on the bill that trade book authors are not covered, and we do not see a basis for disagreeing since the bill clearly states that AB-5 applies only to “persons providing labor or services” and authors provide neither “labor” nor “services” under standard book contracts—they instead grant copyright licenses or assignments. Additionally, royalties—even in the form of advance payments—are not considered wages. It is difficult to imagine how a court would conclude that a typical book contract is for labor or services.

Writers with Service-Like Obligations Should Get a Legal Opinion

There are, however, some book-writing agreements that could be considered service agreements and arguably would fall under AB-5, such as work-made-for-hire agreements and contracts where the author has ongoing obligations and the publisher has greater editing ability or control over the content. Authors and writers working under multi-book contracts are most likely to encounter such a situation. These authors’ contracts should be reviewed by an attorney to determine whether they are subject to AB-5. Publishers and authors who want to be certain to retain a freelancer relationship should be careful to make sure the contracts are written as simple license grants and not as services agreements. For instance, the agreement should be written as a copyright grant of a defined work without interim or ongoing obligations, and remuneration should be in the form of royalties and advances against royalties. The writer should also have full control over their work and use their own workspace and tools. As a general rule, it is also recommended that freelance editors and journalists have written contracts that allow them to work when and where they want with no oversight other than approval of the finished work product.

If you have such a contract and are an Authors Guild member, remember that we do review members’ contracts for free. You can send us the agreement using our online form, and our legal team will get you comments and let you know if you need to revise the agreement.

UPDATE 1/16/20: Washington (State, not DC) is contemplating a bill like this as well. From the comments, below:

WA should be on your watchlist, too. An AB5-like bill was just re-introduced in the Senate there, even though it had been defeated last year. It, too, requires writers and other freelancers and independent contractors be hired as employees when their works contribute to the normal business of their clients. The bill ignores a study of independent contractors that was prepared by the Dept of Commerce after the bill's defeat. The study documents that 3/4 of the independent contractors in WA don't need or want the employee benefits touted by the bill's advocates. Between their own efforts and those of their families and friends, they're doing fine. Read the study yourself then write to Sen. Karen Keiser about your opposition to being made employees against your will.

The study: https://app.leg.wa.gov/committeeschedules/Home/Documents/26113?//20902
Senator Keiser: karen.keiser@leg.wa.gov

A similar law may be in the works in Illinois.

UPDATE 1/20/20: This article from Digiday explores the negative impact that AB-5 is already having on freelancers and publishers in California.

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A new law introduced in the US House of Representatives would hold online retailers like Amazon and eBay liable for counterfeit products sold through their platforms.

While a list of approved amendments to the proposed law on regulation of real estate is yet to be made public, it is now clear that the Bill will apply to commercial projects as well. Here is a round-up of the recent developments, from PRS Legislative Research.

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