News & Analysis as of

Misclassification Administrative Law Judge (ALJ)

FordHarrison

EntertainHR: NLRB Love Is Blind Complaint May Radically Alter Reality Television

FordHarrison on

As reality television enthusiasts prepare for the Season 8 premiere of Netflix’s Love is Blind this Valentine’s Day, the show’s producers are navigating a recent National Labor Relations Board complaint that could lead to...more

Troutman Pepper Locke

Commentary: NLRB Poised to Rule That Independent Contractor Misclassification Alone ‎Violates the Law, but Ruling Not Likely to...

Troutman Pepper Locke on

A recent decision by the National Labor Relations Board in a case involving workers who were classified by a company as independent contractors has provided a clear signal that the NLRB is likely to reverse its current law...more

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

Fisher Phillips on

The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Husch Blackwell LLP

Biden's NLRB Targeting Employee Misclassification as Independent ULP

Husch Blackwell LLP on

The National Labor Relations Act (Act) protects employees’ right to unionize (and not unionize), and to engage in other “protected concerted activity.” These are basic rights guaranteed to employees under Section 7 of the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Strips Employer of Dancers’ Independent Contractor Status

In a decision that may be useful to employers deciding whether workers should be classified as independent contractors or employees, the National Labor Relations Board (NLRB) found that an exotic dancer at the Centerfold Club...more

Fox Rothschild LLP

Uber Case Shows How Tough New Jersey Is On Independent Contractor Determinations

Fox Rothschild LLP on

I have blogged numerous times about the strictness of the New Jersey A-B-C test as applied to possible independent contractors. The prime example of this is the very recent assessment of Uber for $650,000,000 in back-due...more

Troutman Pepper Locke

NLRB Issues a Series of Employer-Friendly Decisions

Troutman Pepper Locke on

Q.  I heard there have been some significant National Labor Relations Board decisions recently. What do I need to know about them? ...more

McNees Wallace & Nurick LLC

Misclassifying Workers as Independent Contractors Does Not Violate NLRA

A lot of times, determining whether a worker is an independent contractor or an employee is tough.  Different laws have different standards, and government agencies and the courts often apply different tests in addressing...more

Sheppard Mullin Richter & Hampton LLP

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

Proskauer - Labor Relations Update

National Labor Relations Board: Labor Day Roundup

While much of the country spent the last week of summer enjoying the last few days of sun, the National Labor Relations Board spent the week before its eponymous three-day weekend churning out a couple of important decisions....more

Fisher Phillips

Misclassifying Workers No Longer Constitutes An Unfair Labor Practice

Fisher Phillips on

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

Littler

Indiana Supreme Court: Driver for Large Vehicle Transportation Matching Service Properly Classified as Independent Contractor

Littler on

Resolving split decisions among Indiana Court of Appeals panels, the Indiana Supreme Court ruled on January 23, 2019, that a transportation matching service properly classified a driver as an independent contractor. Q.D.-A,...more

Littler

New York Appellate Court Delivers Big Win To Gig Economy Business

Littler on

On June 22, New York’s Third Department appellate court – which has jurisdiction over all state Unemployment Division appeals – issued a significant decision for “gig” economy companies with operations in New York. In Matter...more

Fisher Phillips

Web Exclusive - May 2018: The Top 14 Labor And Employment Law Stories

Fisher Phillips on

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

Troutman Pepper Locke

April and May 2018 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper Locke on

The past two months were momentous for many companies that engage independent contractors in California to supplement their workforce or to interact with their customers. This applies not only to businesses based in...more

Fisher Phillips

Labor Board Debates Whether To Add Insult To Injury In Misclassification Debate

Fisher Phillips on

Imagine one of your worst corporate nightmares comes true: a government body has determined that you have misclassified your workers, and they should be considered employees and not contractors. The ramifications could be...more

Jackson Lewis P.C.

NLRB Solicits Briefs On Independent Contractor Misclassification As ULP Issue

Jackson Lewis P.C. on

National Labor Relations Board Administrative Law Judge Arthur J. Amchan had ruled in Velox Express, Inc. that misclassification of employees as independent contractors violates Section 8(a)(1) of the National Labor Relations...more

Jackson Lewis P.C.

Misclassification Of Independent Contractor Is Violation Of NLRA, ALJ Rules

Jackson Lewis P.C. on

The misclassification of an independent contractor is an unfair labor practice under the NLRA, according to Administrative Law Judge Dickie Montemayor. Intermodal Bridge Transp., No. 21-CA-157647 (Nov. 28, 2017). ALJ...more

Benesch

InterConnect FLASH! No. 64 - NLRB Rules against Employee Status for Menard’s Drivers

Benesch on

A National Labor Relations Judge dismissed an action brought by the National Labor Relations Board (“NLRB”) regional director against Menard, Inc. (“Menards”) for misclassifying its independent contractor (“ICs”) drivers in...more

Fisher Phillips

October 2017: The Top 11 Labor And Employment Law Stories

Fisher Phillips on

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 each month in 2017. October was no...more

McGuireWoods LLP

Labor Relations Today: 2016 Year In Review

McGuireWoods LLP on

Introduction - In the final year of his two term tenure, President Barack Obama’s National Labor Relations Board and Department of Labor continued their double barrelled efforts to remake labor law to benefit labor...more

Proskauer - Law and the Workplace

Appellate Division Rules That Paid Blogger Was Not An “Employee” Entitled To Unemployment Benefits, Signaling Trend Toward More...

One of the recurring themes in workplace law in 2016 was the continued crackdown on independent contractor misclassification. Both federal and state agencies, as well as the plaintiffs’ bar, invested significant resources to...more

Troutman Pepper Locke

Uber and IC Misclassification in New York: The Other Shoe May Be Dropping

Troutman Pepper Locke on

The New York Times today reported that the New York State Department of Labor has found two Uber drivers as eligible for unemployment benefits after having rejected the company’s argument that the drivers are independent...more

Troutman Pepper

Is the NLRB Trying to Make Independent Contractor Misclassification an Unfair Labor Practice?

Troutman Pepper on

A Regional Director for the NLRB issued an unfair labor practice complaint on April 18, 2016 alleging that a transportation company “has misclassified its employee-drivers as independent contractors, thereby inhibiting them...more

24 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide