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Independent Contractors Employee Rights The National Labor Relations Act

Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent... more +
Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent contractor is not always an easy determination. However, due to differences in tax and liability treatment, misclassifying an employee as an independent contractor can have serious consequences. Autonomy is the defining feature of independent contractor arrangements. Independent contractors control the manner and method of how work is performed while payers control the desired result. Control over schedule and number of hours worked, ownership of equipment or tools, permanency of relationship, and acceptance of jobs from multiple entities are all possible factors in determining whether a worker is an employee or independent contractor.   less -
Manatt, Phelps & Phillips, LLP

The NLRB Recently Takes Bold Action

On May 30, 2023, NLRB General Counsel Jennifer Abruzzo released a memorandum taking a strong position against the use of noncompete provisions in employment contracts, stating that such provisions generally violate the...more

Cole Schotz

NLRB Taking Steps To Strengthen Workers’ Rights; Employers Beware

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On May 30, 2023, the National Labor Relations Board’s General Counsel, Jennifer Abruzzo, issued a Memorandum stating that, except in limited circumstances, the proffer, maintenance, and enforcement of non-compete agreements...more

K&L Gates LLP

NLRB Imposes Stricter Independent Contractor Test on Employers

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Introduction - On 13 June 2023, the National Labor Relations Board held, in The Atlanta Opera, Inc., that it would return to a prior, employee-friendly standard for determining whether workers are employees or independent...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - October 2022 #4

DOL Extends IC Proposal Comment Period. On October 25, 2022, the U.S. Department of Labor’s (DOL) Wage and Hour Division announced an extension of the public comment period for its proposal to amend the independent contractor...more

Akerman LLP - HR Defense

Prepare Now for Anticipated Labor Law Changes in 2022

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General Counsel Jennifer Abruzzo of the National Labor Relations Board continues to make waves as she shares with employers, unions, and workers alike, her views on hot button issues at the NLRB....more

CDF Labor Law LLP

NLRB’s Pro-Labor General Counsel Issues Memo Compelling Cases for Centralized Consideration

CDF Labor Law LLP on

National Labor Relations Board General Counsel Jennifer A. Abruzzo’s appointment and subsequent July confirmation marked a shift to a pro-labor perspective.  On August 12, 2021, Abruzzo issued her first GC Memorandum as...more

FordHarrison

Transportation Industry Alert - Labor Law Changes from the Biden Administration on the Horizon

FordHarrison on

Executive Summary: In September 2020, then-presidential candidate Joe Biden promised organized labor that, if elected, he would be the “strongest labor president you’ve ever had.” ...more

Locke Lord LLP

Employers Beware: Major Changes to the NLRA if the PRO Act Passes the Senate

Locke Lord LLP on

The Protecting the Right to Organize Act of 2021 (H.R.842/S.420), otherwise known as the PRO Act, passed the House of Representatives on March 9, 2021 by a vote of 225-206. The fate of the Act is now left to the Senate, with...more

BakerHostetler

[Podcast] NLRB Decisions on the Chopping Block: Expected Changes from the Board that May Affect Employers

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Jeremy Hart an attorney in BakerHostetler’s Labor and Employment Group, discuss the top five NLRB decisions on the chopping block that are expected with the Biden Administration and potential consequences of the National...more

Snell & Wilmer

The PRO Act’s Potential Effect on Employers

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On Tuesday, March 9, 2021, the House of Representatives passed the Protecting the Right to Organize (PRO) Act.1 With the PRO Act, House and Senate Democrats seek to amend the National Labor Relations Act. Here, we outline a...more

Benesch

House Passes Union-Friendly ‘PRO Act’; Employers Call It a Con

Benesch on

The House of Representatives passed a bill that would overhaul federal labor law with the express purpose of making it easier for unions to organize workers and more difficult for employers to classify them as independent...more

Littler

House Passes Sweeping Labor Law Reform

Littler on

On March 9, 2021, the U.S. House of Representatives passed the Protecting the Right to Organize Act of 2021 (PRO Act) by a largely party-line vote of 225-206.  One Democratic Representative voted against the bill; five...more

Fisher Phillips

Will Big Labor’s Big Wishlist Return For 2021? The Implications Of A Resurrected PRO Act On Businesses Large And Small

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When the House of Representatives passed the PRO Act last year with the aim of overhauling federal labor law for the benefit of organized labor, we predicted the legislation would stall in the face of the Republican Senate...more

Fisher Phillips

Top 50 Workplace Law Stories Of 2019

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It’s hard to keep up with the news these days. It sometimes feels like you can’t step away from your phone, computer, or TV for more than an hour or so without a barrage of new information hitting the headlines—and you’re...more

FordHarrison

California Attempts to Weed Out Unfair Labor Practices at the State Level by Enacting Union-Friendly Regulation on Employers in...

FordHarrison on

As the cannabis industry has rapidly progressed over the years, states such as New York, New Jersey and Illinois have begun to implement legislation that encourages employers to engage in labor peace agreements with unions....more

Seyfarth Shaw LLP

What A Difference A Board Makes – Some Hits From the Current NLRB That Are Music To Employer’s Ears

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Seyfarth Synopsis: The National Labor Relations Board has been making a lot of noise since the current administration took control. From reversing draconian restrictions on workplace civility rules to restoring employer...more

Troutman Pepper

NLRB Issues a Series of Employer-Friendly Decisions

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Q.  I heard there have been some significant National Labor Relations Board decisions recently. What do I need to know about them? ...more

Bradley Arant Boult Cummings LLP

But We Tried to Do It Right! Stand-Alone Misclassification of Independent Contractor May Not Be a Violation

Recently, the National Labor Relations Board (NLRB) issued another pro-employer decision, resolving an issue at the forefront of employment law, independent contractor classification. In Velox Express, Inc. and Jeannie Edge,...more

Fisher Phillips

Top 50 Workplace Law Stories Of 2018

Fisher Phillips on

It’s hard to keep up with the news these days. It sometimes feels like you can’t step away from your phone, computer, or TV for more than an hour or so without a barrage of new information hitting the headlines—and you’re...more

Fisher Phillips

Web Exclusive - May 2018: The Top 14 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

Senator Bernie Sanders Introduces Bill To Overhaul The Gig Economy

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As if gig businesses haven’t had enough bad news to digest in the past few weeks... fresh off the heels of the California Supreme Court’s decision in the Dynamex Operations case, members of Congress are now focusing on...more

Manatt, Phelps & Phillips, LLP

Employment Law - July 2015

The Impact of National Same-Sex Marriage for Employers - Why it matters: How will employers feel the impact of the U.S. Supreme Court’s decision in Obergefell v. Hodges? The landmark ruling that the Fourteenth...more

Troutman Pepper

September 2014 Independent Contractor Compliance and Misclassification Update

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This month’s headline developments are the crescendo of cases finding against FedEx Ground’s classification of drivers as independent contractors. On the heels of last month’s decision by the U.S. Court of Appeals for the...more

Troutman Pepper

FedEx Hit with Avalanche of Independent Contractor Misclassification Rulings

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In the past week, the Supreme Court of Kansas and the National Labor Relations Board have issued lengthy, comprehensive opinions finding that FedEx misclassified its Home Delivery and Ground Division drivers as independent...more

Proskauer - Labor Relations

NLRB Refines Its Test for Independent Contractor Status

The National Labor Relations Board, with one member dissenting, has issued a decision in which it “refines” the test it uses for determining whether it will find individuals performing services for an employer to be...more

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