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The National Labor Relations Act › Drivers

The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.  less -
Ballard Spahr LLP

NJ DOL Bills Uber $650M for Misclassified Drivers

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The New Jersey Department of Labor (NJ DOL) billed Uber Technologies, Inc. and a subsidiary $650 million for past-due taxes, interest, and penalties due to an alleged misclassification of its drivers as independent...more

Bradley Arant Boult Cummings LLP

But We Tried to Do It Right! Stand-Alone Misclassification of Independent Contractor May Not Be a Violation

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Recently, the National Labor Relations Board (NLRB) issued another pro-employer decision, resolving an issue at the forefront of employment law, independent contractor classification. In Velox Express, Inc. and Jeannie Edge,...more

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

The Practical NLRB Advisor: Spring 2019

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Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the spring 2019 issue of the Practical NLRB Advisor. This edition provides a close look at the development of the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - May 2019

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This edition of Employment Flash looks at developments in labor and employment law, including regarding a DOJ appeal of the EEOC's heightened pay reporting requirements, the NLRB's decision narrowing the circumstances under...more

Proskauer - Labor Relations Update

NLRB Office of the General Counsel Advises that Uber Drivers Are Not Statutory “Employees”

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In an Advice Memorandum dated April 16, 2019, but released on May 14, 2019, the NLRB’s General Counsel staked out a position in one of the most contentious and influential questions in labor and employment law today: Whether...more

Obermayer Rebmann Maxwell & Hippel LLP

NLRB Rides the SuperShuttle Back to the Common-Law Test for Independent Contractors

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On January 25, 2019, the National Labor Relations Board (NLRB) issued an opinion in SuperShuttle DFW, Inc., holding that SuperShuttle DFW franchisees are independent contractors rather than employees and therefore not...more

UB Greensfelder LLP

The NLRB Returns to a Business-Friendly Independent-Contractor Test

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Last week’s National Labor Relations Board (“NLRB”) ruling is good news for businesses that currently use or plan to use contract labor as part of their workforce. The Board returned to its traditional test for determining...more

Parker Poe Adams & Bernstein LLP

NLRB Overturns 2014 Independent Contractor Test

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In a decision with major implications for companies in the “gig economy,” on January 25 the National Labor Relations Board reversed an Obama-era case that established a tougher test for companies to contend that their workers...more

Sheppard Mullin Richter & Hampton LLP

National Labor Relations Board Issues Decision Overruling Obama-Era Independent Contractor Test: What This Means For (Putative)...

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In a business-friendly decision issued on January 25, 2019, the National Labor Relations Board (“NLRB” or “Board”) revised its test for determining whether putative independent contractors are exempt from coverage under the...more

Miller Canfield

More Workers Likely To Be Considered Independent Contractors and Not Employees, Under NLRB's New Ruling

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The National Labor Relations Board ("the Board") has revised the standard for determining who are independent contractors excluded from the National Labor Relations Act's ("the Act") protections, meaning more workers are...more

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

NLRB Decision Shines Spotlight on “Entrepreneurial Opportunity,” Returns to Prior Independent Contractor Analysis

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

On January 25, 2019, the National Labor Relations Board issued a decision friendly to businesses—particularly those operating in the gig economy—in SuperShuttle DFW, Inc., 367 NLRB No. 75 (2019). The Board’s decision marks a...more

Fisher Phillips

Other Shoe Drops: Court Hands Uber Massive Class Action Win After SCOTUS Victory

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It was just a matter of time. After the Supreme Court cleared the way for businesses to use class waivers with their employees and contractors with the Epic Systems ruling this past May, many observers expected that the...more

Fisher Phillips

Court Tosses Lawsuit by Drivers Challenging Seattle Ridesharing Union Ordinance

Fisher Phillips on

On August 9, the Ninth Circuit Court of Appeals dismissed a lawsuit filed by a group of independent drivers challenging a 2015 ordinance by the City of Seattle that allows ridesharing drivers to organize. As we have...more

Fisher Phillips

Do Unions Have A Place In The Gig Economy?

Fisher Phillips on

When considering the place of unions in the gig economy, many jump to the conclusion that the National Labor Relations Act does not apply because gig workers are usually independent contractors. While it is true that the NLRA...more

Fisher Phillips

Unions Win Next Round In Seattle Gig Worker Organizing Battle

Fisher Phillips on

Chalk this round up to the unions. In a pair of decisions issued last week, a Seattle federal judge ruled that Seattle’s January 2016 Ordinance that seeks to allow for-hire drivers to form unions and collectively bargain with...more

Sheppard Mullin Richter & Hampton LLP

NLRB Releases Advice Memorandum Affirming Misclassification Constitutes Unfair Labor Practice

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At the end August, the National Labor Relations Board released an advice memorandum, originally drafted in December 2015, concluding that a group of drivers who worked for a drayage company called Pacific 9 Transportation...more

Seyfarth Shaw LLP

Caught at the Red Light: Challenge to Ordinance Granting On-Demand Drivers the Right to Bargain Collectively is Brought to a...

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By: Alison Loomis, Esq. Seyfarth Synopsis: A challenge to Seattle’s first-of-its-kind ordinance, which established the right for on-demand drivers to collectively bargain, was dismissed by a Washington federal court on the...more

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