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NLRB Overturns Standard for Independent Contractor Status Under the NLRA

On June 13, 2023, the National Labor Relations Board (the “Board” or “NLRB”) overturned another business-friendly Board decision in favor of a return to a more employee-favorable standard for determining if a worker is an...more

NLRB to Decide Whether Misclassification Is Standalone Violation of the NLRA

The National Labor Relations Board (Board or NLRB) could reverse a 2019 decision holding that honest, albeit mistaken, classification decisions and announcements to employees do not violate the National Labor Relations Act...more

NLRB Rings in the New Year by Inviting Briefing on Multiple, Far-Reaching Standards Impacting Employers

The National Labor Relations Board (the “NLRB” or “Board”) seemingly took very little time off during the holidays and in the last few weeks announced that it is seeking public input on whether to reconsider two significant...more

New Laws Passed in New Jersey Designed to Identify and Penalize Employers Who Misclassify Employees as Independent Contractors

Since taking office, New Jersey Governor Phil Murphy has prioritized eliminating misclassification of employees as independent contractors. In furtherance of this goal, on July 8, 2021, Governor Murphy signed four bills into...more

New Jersey Department of Labor Releases Posters for Employers to Utilize to Satisfy Employee Misclassification Posting...

At the beginning of this year, New Jersey Governor Phil Murphy signed a package of legislation aimed at protecting the rights of workers who have been misclassified as independent contractors. One of these new laws, Assembly...more

New Jersey Bill Would Codify a Stricter Version of ABC Test for Determining Independent Contractor Status

On November 7th a bill was introduced in the New Jersey legislature that would, like California’s AB 5..., codify a stricter version of the ABC test for determining independent contractor classification. The bill, S4204...,...more

An Employer’s Erroneous Announcement To Employees Declaring Them Independent Contractors Does Not, Standing Alone, Violate The...

Does an employer who genuinely believes that its workers are independent contractors and tells them that they are contractors and not employees, only to later find out that it was wrong, violate Section 8(a)(1) of the...more

The U.S. Department of Labor Rolls Back Obama-Era Guidance on Joint Employers and Independent Contractors

The U.S. Department of Labor (“DOL”) announced today that it was rolling back an Obama-era policy that attempted to increase regulatory oversight of joint employer and contractor businesses....more

[Event] Sheppard Mullin's Labor & Employment Year In Review - Nov. 19th, New York, NY

Please join our experienced attorneys for an informative and lively discussion on a variety of timely topics, including: Where We've Been and Where We're Going: Key legislative developments and leading court...more

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