In the News

David Rosenfeld in the news:

Why some activists want Netflix held to a higher labor standard

David Rosenfeld quoted in The San Francisco Chronicle (registration required), Sept. 4, 2015

“Netflix is going to stand firm and take their licks on it,” he said. “In these lower-paid jobs, people come and go all the time. That’s the way they function. There’s no incentive to offer big perks to keep people around.”

Hillary Clinton boosts workers, blasts Uber

David Rosenfeld quoted in U.S. News & World Report, July 13, 2015

“When you use contractors you don’t have to pay taxes on them – you don’t have to provide workers compensation, you don’t have to worry about discrimination lawsuits, you don’t have to worry about union issues, and you don’t have to pay overtime,” he says. “The disincentive of using contractors is that you lose the right to tell them how to work, how to behave, how to dress. You lose control of your brand that you would have with employees.”

Why the California ruling on Uber should frighten the sharing economy

David Rosenfeld quoted, June 17, 2015

“This is big, high stakes problem for them,” Rosenfeld says. While Uber emphasizes that the labor commission ruling is only about the status of a single driver, he notes that if Uber beats Berwick in court that doesn’t bar other drivers from bringing similar claims.

Teacher refuses to sign controversial Catholic teacher’s contract

David Rosenfeld quoted by KTVU Online, May 13, 2014

Alameda attorney, David Rosenfeld, who teaches at the University of California-Berkeley law school, says the Diocese’s actions are protected under the First Amendment. “They have the right to say you must be a representative of the faith and you must act in your private capacity just like in your teaching capacity as a representative of the faith,” Rosenfeld said.

National Labor Relations Board official’s ruling may impact UC Berkeley athletes

David Rosenfeld quoted in the Daily Californian, April 4, 2014

While UC Berkeley law lecturer David Rosenfeld, a practicing labor lawyer, supports the ability of college athletes to unionize, he acknowledges that organizing will be difficult because “every four years the workers leave and they don’t have a long-term interest.”… He said collegiate athletes at public and private schools could refuse to play before a game, demanding that their union is recognized by the university.

With strike on horizon, public labor board issues complaint

David Rosenfeld cited in The Daily Californian, March 20, 2014

The issuance of a complaint … only means the board believes there is sufficient evidence to go forward with a hearing or settlement conference, not that the university is at fault, said David Rosenfeld, a lecturer specializing in labor relations at the UC Berkeley School of Law.

BART unions sue over labor contract

David Rosenfeld quoted in Contra Costa Times, December 3, 2013

It is “totally unprecedented for an employer, after extensive negotiations and where they have signed off on (individual tentative agreements), to later come back and say, ‘Oh, we made a mistake,'” said veteran labor attorney and Boalt law school professor David Rosenfeld, whose firm represents SEIU Local 1021.

Dawn of the digital sweatshop

David Rosenfeld quoted in East Bay Express, August 1, 2012

“The problem is that nobody really steps up as the employer—nobody says you’re really responsible for paying me for my time,” said Rosenfeld.

David Rosenfeld Testifies in Workers’ Rights Case

PR Newswire, February 23, 2012 by Galen Munroe

“Loomis is violating various international labor standards which protect the right of workers to be represented by the union of their choice,” said David Rosenfeld, Professor at the UC Berkeley School of Law.

David Rosenfeld Explains Workplace Impact of Prop. 19, August 13, 2010 by Robert Lyles

“You can be tested for marijuana and it shows marijuana use, it could be two weeks, three weeks, four—a small amount. It could be for medicinal purposes. It has no impact on your work.” So labor attorney David Rosenfeld says Prop. 19 will fill a gap in the law, protecting employees from termination or prospective workers from elimination during drug prescreening.

David Rosenfeld Doubts Bankruptcy Ruling Will Help Workers’ Recoup Wages

Las Vegas Sun, July 30, 2009 by Michael Mishak

He said the opinion would not effect a sea change in litigation because those who are often responsible for financial wrongs are lower-level supervisors, who wouldn’t have the resources to pay judgments against them.”The people who are really responsible often don’t have the ability to pay, and those who do have the money, it’s hard to show they had operational control,” Rosenfeld said. “In short, you won’t always be able to nail the people who have the money.”

Daniel Rubinfeld Calls for Reassessment of Newspaper Mergers

San Jose Mercury News, March 17, 2009 by Pete Carey

University of California-Berkeley law and economics professor Daniel Rubinfeld said that in the current environment faced by newspapers, “the Justice Department needs to keep an open mind to the possibility of some kind of deal that makes the Bay Area’s newspapers viable.”

David Rosenfeld Explains Limitations of the Equal Pay Act

KGO-TV, February 9, 2009 by Mark Matthews

“I can only go back two years. The law is very clear that if I file a claim today, I can go back two years and collect back pay only for those two years,” said Professor David Rosenfeld, from Boalt Hall Law School.

David Rosenfeld Questions Controller’s Challenge to Governor

San Jose Mercury News, July 26, by Mike Zapler is Democratic Controller John Chiang, with the job of issuing paychecks, who would be snubbing the law if he continues to pay state employees as he has promised…. The controller “seems to be inviting a Schwarzenegger vs. Chiang lawsuit,” added David Rosenfeld, a labor attorney who teaches at the University of California-Berkeley School of Law.