News & Analysis as of

Misclassification Unions

Foley & Lardner LLP

From the Pickup Line to the Picket Line: What Employers Need to Know About the Gig Economy Labor Movement

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The gig economy has emerged as a defining aspect of the modern workforce, transforming how people work, earn, and engage with employers. Unlike traditional full-time jobs, gig workers benefit from significant flexibility....more

FordHarrison

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

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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

CDF Labor Law LLP

[Webinar] Golden Rules Gone Wrong: Top 10 Compliance Hazards for California Workplaces in 2025 - January 29th, 10:00 am - 11:00 am...

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With employment lawsuits and regulatory scrutiny on the rise, staying ahead of employment law compliance risks is critical. California employers face unique challenges as the Golden State continues to lead the nation in labor...more

Venable LLP

The NLRB's Race to Turn Student Athletes into Employees Faces Its Next Hurdle - A Change in Administration

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We previously reported that the National Labor Relations Board (NLRB) heard a complaint earlier this year against the NCAA, the University of Southern California, and the Pac-12 Conference for failing to classify student...more

Littler

24 Key Developments in Canadian Labour and Employment Law in 2024

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In 2024, Canada saw significant legislative and case law developments in labour and employment law. This Insight provides an overview of notable developments and links to our more detailed articles and commentary....more

Genova Burns LLC

From Backcourt To The Gridiron, Universities Oppose The NLRB’s Enforcement Position Regarding Their Athletes

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On New Year’s Eve, the union attempting to organize Dartmouth College's men’s basketball team dropped its NLRB case after winning a groundbreaking decision in February 2024 from a NLRB Regional Director who decided that the...more

CDF Labor Law LLP

[Webinar] New California Employment Laws and Developments for 2025 - November 20th, 10:00 am - 11:00 am PT

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Join us for a comprehensive, complimentary webinar on November 20, 2024, from 10:00 - 11:00 a.m. (Pacific), presented by CDF Partners Mark S. Spring and Nicole Legrottaglie Wohl. This “Year in Review” session will cover the...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

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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

ArentFox Schiff

Top 10 Legal Challenges for Employers

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With 2024 underway, we highlight some of the most pressing legal issues facing employers this year, including increased regulation of noncompetition agreements, new paid family and medical leave laws, a new Overtime Rule, and...more

McGlinchey Stafford

10 Employee Handbook Resolutions for 2024

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The start of a new year is always a good time to reevaluate the employee handbook to ensure it covers all the relevant legal and practical topics in the modern workplace. The following are 10 “Handbook Resolutions” for...more

Constangy, Brooks, Smith & Prophete, LLP

It’s an election year. Be careful out there.

It’s an election year. Be careful out there. “A long time ago, in a galaxy far, far away,” I represented labor unions. Actually, it was more like 30+ years ago and a few miles down I-85 in Atlanta. Just like that opening...more

McDermott Will & Emery

[Webinar] Looking Ahead to 2024: Global Labor and Employment Legal Update - December 6th, 11:30 am - 2:00 pm EST

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Following a dynamic year coupled with a continually evolving legal landscape, employers may feel that they are left with more questions than answers. Join us for an in-depth webinar that will unpack the most pertinent legal...more

Miles & Stockbridge P.C.

NLRB Independent Contractor Test Gives More Workers Union Organizing Rights

The National Labor Relations Board (“NLRB” or “the Board”) continued its course of reversing Trump-era law by issuing a decision last month that will make it easier for workers to establish “employee” – as opposed to...more

Jackson Lewis P.C.

Lessons for Construction Industry in Labor Board’s New Test to Classify Independent Contractors

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The National Labor Relations Board (NLRB) has made finding independent contractor status harder under the National Labor Relations Act. The Atlanta Opera, Inc., 372 NLRB No. 95 (2023). This decision may significantly affect...more

Fox Rothschild LLP

NLRB Departs from Employer-Friendly Independent Contractor Test

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The National Labor Relations Board, in its decision in The Atlanta Opera, Inc., has modified its standard for determining whether a worker is an employee or independent contractor under the National Labor Relations Act (the...more

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

Foley & Lardner LLP

Labor Board Sings an Aria against Independent Contractors

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Last week, yet another decision by a governmental agency chipped away at an employer’s ability to legally classify workers as independent contractors. In Atlanta Opera, Inc. and Make-Up Artists and Hair Stylists Union, Local...more

Proskauer - Labor Relations Update

Third Act: NLRB Reinstates Employee-Friendly Independent Contractor Analysis under the NLRA

In a hotly-anticipated decision, The Atlanta Opera, Inc., 372 NLRB No. 95 (2023), the National Labor Relations Board (“NLRB” or “Board”) overturned the existing legal standard for determining whether a worker is an employee...more

Fisher Phillips

Labor Board Returns to Stricter Independent Contractor Standard: 4 Things Employers Need to Know

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A highly anticipated decision by the National Labor Relations Board (NLRB) makes it significantly harder for companies to classify their workers as independent contractors. The Board’s June 13 decision in Atlanta Opera...more

Bowditch & Dewey

NLRB Narrows Independent Contractor Definition

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In a decision titled The Atlanta Opera, Inc. and issued by the National Labor Relations Board (“NLRB”) on Tuesday, June 13, 2023 (the “Decision”), the NLRB made it more difficult for employers to classify workers as...more

Troutman Pepper Locke

NLRB Yet Again Seeks to Alter Test for Independent Contractor Status, But Does It Really ‎Make a Difference?‎

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Yesterday, June 13, 2023, the NLRB issued a lengthy decision in its Atlanta Opera case dealing with the applicable test for independent contractor status under the National Labor Relations Act (NLRA). This decision reversed...more

CDF Labor Law LLP

[Webinar] What’s the Deal? - California Employment Law Issues in Business Transactions and Restructurings - May 24th, 9:30 am -...

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CDF Labor Law LLP presents a complimentary webinar that will cover California employment law issues that arise in business transactions and restructurings. Please join CDF employment law attorneys John Giovannone, Erin Owen,...more

Foster Garvey PC

Worker Classification in Light of Remote Workers May Need to be Revisited

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As I have discussed in prior blog posts (March 11, 2013, April 9, 2013 and December 9, 2013), worker classification has historically been a focus of attention of various government agencies as well as others. Misclassifying...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

Fisher Phillips

The Top 16 Workplace Law Stories from September 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

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