News & Analysis as of

Misclassification NLRB General Counsel

McCarter & English, LLP

NLRB Does 180º (360º? 540º?) Turn on Independent Contractor Analysis; It May Not Matter

The National Labor Relations Act (NLRA) provides a host of labor-related rights for private-sector employees, including the right to form or join unions, the ability to compel employers to collectively bargain with the unions...more

Venable LLP

NLRB Executing Its Gameplan to Treat Student Athletes as Employees

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We previously reported on General Counsel Jennifer Abruzzo's announcement of the National Labor Relations Board's (NLRB) gameplan to treat certain student athletes at private colleges and universities (together, "Academic...more

Robinson & Cole LLP

NLRB GC Files Complaint Alleging USC’s Football and Basketball Players are Employees

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Are Division I athletes who play football and basketball “student-athletes” or “employees”? The National Labor Relations Board’s General Counsel (GC) has filed a complaint against the NCAA, the PAC-12, and the University of...more

Fisher Phillips

The Top 14 Workplace Law Stories from October 2022

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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

DirectEmployers Association

OFCCP Week In Review: January 2022

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Fisher Phillips

College Basketball Players Group Tips-Off Battle Over Student-Athlete Employment Status

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A nascent “advocacy” group just opened the first front in the newest battle over the status of collegiate student-athletes under the National Labor Relations Act. The College Basketball Players Association filed a one-line...more

Fox Rothschild LLP

NLRB’s Top Lawyer Says College Athletes Are Employees

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In a recent guidance memorandum, Jennifer Abruzzo, the General Counsel of the National Labor Relations Board, has announced her intention to consider college athletes as employees under federal labor law. The implications...more

Epstein Becker & Green

#WorkforceWednesday: Preparing for Biden's Vaccine Mandate, Mandate Pushback Begins, NLRA's Reach Expected to Expand - Employment...

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This week, we look at the COVID-19 vaccination requirements for federal contractors and how the National Labor Relations Board (NLRB) is creating a more expansive view of the employment relationship. Employers Prepare for...more

Littler

Pencils, Paper, and Now NLRA Legal Protections – New General Counsel Memorandum Provides College Student Athletes with a Very...

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On September 29, 2021, National Labor Relations Board (NLRB) General Counsel (GC) Jennifer A. Abruzzo released a nine-page memorandum taking the unequivocal position that “certain Players at Academic Institutions” are...more

Fisher Phillips

Protected Concerted Athletic Activity? Labor Memo Calls for Employee Status for College Athletes

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A new memo from the National Labor Relations Board (NLRB) could pave the way for student-athletes at private universities to unionize, or at least fall within the jurisdiction of the NLRB when engaging in concerted activity....more

Proskauer - Labor Relations Update

BREAKING: General Counsel Abruzzo Announces that College Athletes Are Employees

Yesterday, General Counsel Jennifer Abruzzo issued a very significant memorandum on the status of college athletes as “employees” under the National Labor Relations Act. Statutory Rights of Players at Academic Institutions...more

Sheppard Mullin Richter & Hampton LLP

NLRB General Counsel Sets an Agenda to Reverse Trump-Era Board Policy

As we have previously reported, the National Labor Relations Board (“NLRB” or the “Board”) was likely to undergo substantial policy changes under President Biden. This process began when President Biden took the unprecedented...more

Proskauer - Labor Relations Update

The NLRB’s Recently Seated General Counsel Plots Entirely New Direction for the Board

Less than a month after being sworn in as the new General Counsel of the NLRB, Jennifer Abruzzo defined a bold new direction for the Board’s enforcement priorities in a memo issued on August 12, 2021.  The memo, Mandatory...more

Sherman & Howard L.L.C.

GC Abruzzo Issues Hit List

On August 12, 2021, the newly appointed and narrowly confirmed General Counsel of the National Labor Relations Board, Jennifer Abruzzo, issued a Memorandum outlining the Board’s first steps in undoing every significant...more

DirectEmployers Association

OFCCP Week In Review: May 2021 #3

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

ArentFox Schiff

NLRB Rules Independent Contractor Misclassification Does Not Violate NLRA

ArentFox Schiff on

In a case of first impression, a divided panel of the National Labor Relations Board (NLRB or Board) ruled that the stand-alone misclassification of a worker as an independent contractor instead of an employee does not...more

Fisher Phillips

Misclassifying Workers No Longer Constitutes An Unfair Labor Practice

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Employers found to have misclassified employees as independent contractors will no longer face the prospect of unfair labor practice charges for such actions alone, according to a new ruling handed down yesterday by the...more

Foley & Lardner LLP

Entrepreneurial Opportunity and Control - Two Sides of the Same Coin?

Foley & Lardner LLP on

The National Labor Relations Board (NLRB) has once again weighed in on the proverbial employee-independent contractor issue, this time by way of its General Counsel. On April 16, 2019, the General Counsel’s office issued an...more

Obermayer Rebmann Maxwell & Hippel LLP

UBER Update: NLRB Advice Memo Reaffirms the “Entrepreneurial Opportunity” Test for Independent Contractors

The “gig economy” has prompted a nationwide debate about which workers should be deemed employees (and therefore entitled to certain rights and benefits under labor and employment laws) as opposed to independent contractors. ...more

Holland & Knight LLP

Ride-Share Drivers Are Independent Contractors According to NLRB's General Counsel

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• The National Labor Relations Board's (NLRB) General Counsel released an Advice Memorandum that concludes that drivers for a ride-sharing app are independent contractors and, therefore, not covered by the National Labor...more

Hogan Lovells

Office of the General Counsel of the National Labor Relations Board says that Uber Drivers are not Employees

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In an Opinion Letter released on Tuesday, May 14, the Office of the National Labor Relations Board’s General Counsel opined that Uber drivers are not legal “employees” for the purposes of federal labor laws. ...more

McAfee & Taft

DOL, NLRB weigh in on classification status of gig economy workers

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While temporary positions, such as freelancing and seasonal jobs, have been around forever, the “gig economy” – the sector of the service industry that provides flexible, non-traditional working opportunities – has grown...more

Fisher Phillips

Good Step For Gig Companies: Advice Memo From NLRB’s General Counsel Concludes That Uber Drivers Are Contractors

Fisher Phillips on

It’s been a roller coaster two weeks for gig economy companies. On April 29, the U.S. Department of Labor handed gig economy companies a nice outcome by issuing an opinion letter confirming that typical gig workers are,...more

Constangy, Brooks, Smith & Prophete, LLP

Executive Labor Summary - March / April 2018

News & Analysis- New NLRB Chairman is John Ring- NLRB gets “out of joint” over joint employer dispute- NLRB’s extended period for comment on so-called “quickie election” rule ended on April 19, and General Counsel...more

Constangy, Brooks, Smith & Prophete, LLP

Executive Labor Summary - January / February 2018

NEWS & ANALYSIS- NLRB’s Emanuel under fire, and “joint employment” standard is in doubt. After a brief window of time in late 2017 when Republican Members outnumbered Democratic Members on the National Labor Relations Board,...more

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