Independent Contractors National Labor Relations Board

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 -
News & Analysis as of

Employment Law - November 2014

State Voters Pass Paid Sick Leave, Wage Increases - Why it matters: The polls have closed and the votes are in: The midterm elections will have a significant impact on employers across the country as voters in multiple...more

Employment Law Update - Independent Contractors: The NLRB Refines its Standards

Whether an individual is classified as an independent contractor or an employee has significant legal implications, because most federal and state employment laws do not apply to independent contractors. Independent...more

NLRB Adopts New Test for Independent Contractor Misclassification, Applies it to Find FedEx Drivers are Employees Who Can Unionize

The NLRB has tossed a new vegetable into the enormous salad of independent contractor misclassification tests. As companies might expect, the new vegetable smells rotten. Companies who wish to analyze whether their...more

September 2014 Independent Contractor Compliance and Misclassification Update

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

FedEx Hit with Avalanche of Independent Contractor Misclassification Rulings

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

NLRB Rejects Opportunity

On September 30, 2014, the NLRB rejected the opinion of the District of Columbia Circuit in FedEx Home Delivery v. NLRB, 563 F.3d 492 (D.C. Cir. 2009) and found that an individual’s entrepreneurial opportunity for gain or...more

NLRB Refines Test for Determining Independent Contractor Status Versus Employee Status

The National Labor Relations Board has published a decision (FedEx Home Delivery, 361 NLRB No. 55) holding FedEx delivery drivers to be employees under the National Labor Relations Act instead of independent contractors. This...more

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

Employment Law: Sep 2014

California Enacts Paid Sick Leave - Why it matters: Employers in California must now provide three paid sick days per year for workers, pursuant to a new law going into effect on July 1, 2015. The controversial...more

Flash No. 41: How The NLRB and 2 All-Beef Patties Resonate with Trucking

The National Labor Relations Board (“NLRB”) General Counsel’s July 31 announcement that he will name McDonald’s U.S.A. LLC as a joint employer in dozens of unfair labor practice cases filed on behalf of employees of...more

NLRB Will Charge McDonald’s as “Joint Employer” For Franchisee Labor Violations

In a move with far-reaching ramifications for all businesses that license their brands to independent contractors including franchisees, the National Labor Relations Board (“NLRB”) announced on July 29, 2014 that it has...more

NLRB Lawyers Declare Franchisor to be Joint Employer

Last week, the National Labor Relations Board’s general counsel announced its position that McDonald’s Corporation can be considered a joint employer with its franchisees for purposes of unfair labor practice claims. This...more

The Potential Impact of the NLRB’s Position that McDonald’s and its Franchisees are “Joint Employers”

The National Labor Relations Board created a stir last week when it announced that it intends to hold McDonald’s USA responsible for its franchisees’ violations of employment law. The announcement has created concern and...more

Fenwick Employment Brief - July 2014

California Employees Can Waive Class Claims In An Arbitration Agreement, But Not PAGA Claims - Resolving an issue that has created uncertainty for California employers, the California Supreme Court recently held in...more

Take 5 Newsletter: An Employer's "Top 5" Action Items for 2014

It's December, and human resources professionals and law departments are reflecting on the issues addressed in 2013 and giving thanks for incident-free holiday parties. But the big question is this: What issues should get...more

Workplace Policy Institute – A Special Labor Day 2013 Report: Is Labor Poised For Rebirth?

In This Publication: - Introduction - New Face of the NLRB - Bargaining Unit Determination - Other precedent-changing Decisions - New NLRB Members - NLRB General counsel ...more

Labor & Employment E-Note - July 11, 2013

In This Issue: - High Court Makes it Harder for Workers to Sue in Bias Cases - High Court to Decide on Obama's NLRB Recess Appointments - Criminal Background Checks May Violate Civil Rights Act, EEOC Says -...more

NLRB Finds Discussions With Employees Of Another Employer Can Constitute Protected Activity

As we discussed with participants in our recent Labor and Employment Law Seminar, despite recent setbacks, the National Labor Relations Board continues to issue decisions that are concerning for employers....more

Top Issues for Employers in 2013: Social Media & Independent Contractors

Employment lawyers anticipate that employers’ social media policies and their use of independent contractors will be hot button issues in the New Year, much like they were in 2012... ...more

Make Your List. Check it Twice. Don't Let the Government Think You've Been Naughty. . . Not Nice

Originally published in Human Resource Partners - December 2012. Employers face ever increasing regulation of their workplaces and employment related practices. As 2012 draws to an end, it is a good time to take stock...more

Healthcare Update - May 2012, No. 2

In This Issue: - Unions Poised to Exploit Changes in NLRB Rules By A. Kevin Troutman (Houston) After winning 73% of elections in healthcare units in 2011, unions seeking to organize more healthcare workers are...more

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