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Hiring & Firing › The National Labor Relations Act › Employee Definition

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Troutman Pepper

NLRB Rules That Dartmouth Basketball Players Are Employees

Troutman Pepper on

On February 5, the regional director for Region 1 of the National Labor Relations Board (NLRB or Board) ruled that the student-athletes on Dartmouth College’s men’s basketball team are “employees” under the National Labor...more

Ballard Spahr LLP

NLRB Regional Director Rules Dartmouth’s Basketball Players are School Employees

Ballard Spahr LLP on

On Monday, February 5, a Regional Director of the National Labor Relations Board (NLRB) issued a ruling that Dartmouth College basketball players are employees of the school, allowing them to vote on unionizing. The NLRB’s...more

Butler Snow LLP

Atlanta Opera: The NLRB Faces the Independent Contractor Music Once More

Butler Snow LLP on

On June 13, 2023, the National Labor Relations Board (NLRB) released a decision, referred to as Atlanta Opera Inc. (372 NLRB No. 95), that marks a shift in the applicable test for whether a worker qualifies as an independent...more

Proskauer - Labor Relations Update

NLRB Considers Abandoning Current Standard for Independent-Contractor or Employee Status

Proskauer - Labor Relations Update on

In what will have a significant impact on the employment status of “gig” economy workers under federal labor law, the National Labor Relations Board (“NLRB” or “Board”) seems poised to revert to a more worker-friendly...more

Morgan Lewis

The PRO Act’s Changes to ‘Independent Contractor’ Status: Unraveling the US Economy

Morgan Lewis on

The Protecting the Right to Organize Act, or PRO Act (H.R. 842, S. 420), would make extensive changes in US labor laws, including the PRO Act’s reformulation of “independent contractor” status. This is not a mere technical...more

DirectEmployers Association

OFCCP Week In Review: February 2020

DirectEmployers Association on

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

California Governor Says Gig Unions Are On The Way As He Signs ABC Test Into Law

Fisher Phillips on

California Governor Gavin Newsom wasted little time by signing AB 5 into law yesterday, and his signing statement should cause quite a few eyebrows to be raised. It was no surprise that he signed the bill into effect; he said...more

Sheppard Mullin Richter & Hampton LLP

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

Sheppard Mullin Richter & Hampton LLP on

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

Bradley Arant Boult Cummings LLP

Recent Developments in the Battle of Independent Contractors vs. Employees

Bradley Arant Boult Cummings LLP on

We’ve posted on this topic several times before but the battle between independent contractors and employees continues. Here’s a brief refresher on the basics of why proper classification of employees as independent...more

Akerman LLP - HR Defense

The DOL and NLRB Agree: Gig Economy Workers Are Contractors, Not Employees

Akerman LLP - HR Defense on

According to recent guidance issued by the DOL and NLRB, workers in the so-called “gig,” on-demand,” or “sharing” economy are independent contractors, not employees....more

Bricker Graydon LLP

Companies using independent contractors score big following NLRB ruling

Bricker Graydon LLP on

In a ruling with significance for companies using independent contractors, the National Labor Relations Board (NLRB) returned to its long-standing traditional common law test (see SuperShuttle DFW, Inc.)....more

Troutman Pepper

Another Reset Of NLRB’s Independent Contractor Test

Troutman Pepper on

On Jan. 25, 2019, the Republican-led National Labor Relations Board affirmed the acting regional director’s decision that drivers of a shared airport ride service were independent contractors, not employees, and therefore not...more

FordHarrison

Supershuttle Transports Independent Contractor Status into the Spotlight

FordHarrison on

On January 25, 2019, the National Labor Relations Board (NLRB) affirmed the Acting Regional Director’s determination that franchisees who drive for SuperShuttle are independent contractors, not statutory employees, and...more

Polsinelli

Back to the Future (Again): NLRB Returns to Traditional Independent Contractor Test

Polsinelli on

On January 25, 2019, the National Labor Relations Board (“NLRB” or “Board”) in SuperShuttle DFW, Inc. (367 NLRB No. 75), overruled the Obama-era 2014 FedEx Home Delivery (361 NLRB 610) decision and returned to its traditional...more

Seyfarth Shaw LLP

GC Memorandum 18-02 Suggests A More Sane Approach To Independent Contractors

Seyfarth Shaw LLP on

Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memorandum containing a broad overview of his initial agenda as General Counsel. It previews many anticipated...more

Epstein Becker & Green

Take 5 Newsletter: Five Labor and Employment Issues Faced by Health Care Employers

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As the Affordable Care Act and the challenges of reimbursement and funding for health care services drive changes in the health care delivery system and employment in the industry, new issues in labor and employment law are...more

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