Legal Issues and Emerging Technologies (2022) / Chapter Skim
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Pages 47-53
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From page 47... ...
TCRP LRD 59 47 issues, limited operating hours, traffic congestion)
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From page 48... ...
48 TCRP LRD 59 general duty to bargain in good faith only "to the extent not inconsistent with any Federal law or any Government-wide rule or regulation."418 However, agencies are specifically prohibited from negotiating on certain matters contained in the ‘management rights' clause of 5 U.S.C.
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From page 49... ...
TCRP LRD 59 49 arising in the development and review of protective arrangements by issuing a "certification determination." All employee protective arrangements include a procedure for a final and binding resolution of disputes concerning the interpretation, application, and enforcement of the terms and conditions of the arrangement. This procedure, referred to as a "claim for employee protections," may be used when an individual employee, a group of employees, or representative of a bargaining unit believes he, she or they have been negatively affected as the result of federal assistance.
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50 TCRP LRD 59 ployee was on vacation.441 The court found that this was "excessively intrusive" because it "examined much activity with which the State had no legitimate concern -- i.e., it tracked petitioner on all evenings, on all weekends and on vacation."442 Separate from Fourth Amendment concerns, some states require employee consent before employers can track workplace equipment.443 Other states do not require employee consent to track employer-owned vehicles and other equipment.444 Laws vary by state,445 and government agencies that are considering using telematics devices to track their fleets, GPS, or routing software should understand all regulations within their jurisdiction. They should also adhere to data privacy requirements.
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From page 51... ...
TCRP LRD 59 51 tors and not employees under state law as long as certain conditions are met: (1) The TNC does not prescribe specific hours during which the driver must be logged into the TNC's digital platform, (2)
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52 TCRP LRD 59 (1) The business service provider is free from the control and direction of the contracting business entity in connection with the performance of the work, both under the contract for the performance of the work and in fact.
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From page 53... ...
TCRP LRD 59 53 based transportation and delivery companies as independent contractors, not employees, if certain conditions are met.470 Proposition 22 also extends these workers basic job protections, including pay minimums and sexual harassment prevention, and entitles them to certain benefits, such as health insurance stipends.471 Proposition 22 creates the Protect App-Based Drivers and Services Act,472 which applies to TNCs as well as charter-party carriers of passengers (TCP) 473 if the driver is transporting passengers through an online-enabled app or platform.
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