The National Labor Relations Act (NLRA) gives employees the right to unionize and imposes obligations on employers to collectively bargain with unions representing their employees. Failing to recognize those rights and...more
3/14/2024
/ Chamber of Commerce ,
Contract Terms ,
Employee Definition ,
Joint Employers ,
Jurisdiction ,
New Rules ,
NLRA ,
NLRB ,
SCOTUS ,
Third-Party ,
Vacated
With increasingly diverse and complex work arrangements, companies face challenges in answering a seemingly basic legal question: Is a worker an employee of the company, or an independent contractor?
On June 13, the...more
Key Points -
On June 13, 2023, the NLRB issued a decision in Atlanta Opera tightening the legal standard for determining whether a worker is an independent contractor exempt from the requirements of the NLRA and returning...more
A massive shift is underway in the relationship between workers and companies. Fueled in recent years by the COVID-19 pandemic and tight job market, the changes reflect not just evolving sensibilities of how employers treat...more
5/24/2022
/ ABC Test ,
At-Will Employment ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Definition ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Independent Contractors ,
Joint and Several Liability
Key Points -
The DOL has withdrawn a final rule published in the waning days of the Trump administration that established a multifactor test for determining whether workers are employees or independent contractors under...more
5/11/2021
/ ABC Test ,
Biden Administration ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Independent Contractors ,
Multi-Factor Test ,
Wage and Hour
On June 7, 2017, the U.S. Department of Labor (DOL) announced that it was withdrawing its 2015 and 2016 Administrative Interpretations regarding independent contractors and joint employment. Both interpretations were designed...more
6/9/2017
/ Administrative Interpretation ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Joint Employers ,
Migrant and Seasonal Agricultural Worker Protection Act (MSPA) ,
Misclassification ,
Secretary of Labor ,
Staffing Agencies ,
Trump Administration