NLRA, Wage and Hour, Independent Contractors

#WorkforceWednesday: DOL’s Final Rule on Worker Classification, NLRB Joint-Employer Rule Challenged, SpaceX Sues NLRB - Employment...

Epstein Becker & Green on 1/31/2024

This week, we’re running down the U.S. Department of Labor’s (DOL’s) recently released final rule on worker classification under the Fair Labor Standards Act (FLSA), the challenges faced by the National Labor Relations...more

U.S. Department of Labor Issues Final Rule on Independent Contractor Status Under the FLSA

Ballard Spahr LLP on 1/10/2024

On January 9, 2024, the US Department of Labor (DOL) issued a final rule that provides revised guidance on whether a worker is properly classified as an employee or independent contractor under the Fair Labor Standards Act...more

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

Constangy, Brooks, Smith & Prophete, LLP on 12/19/2023

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

NLRB Establishes New Joint Employer Rule

McCarter & English, LLP on 11/20/2023

The National Labor Relations Act (NLRA) governs private sector labor/management relations in the United States. Under the NLRA, employers have certain responsibilities and restrictions with regard to their employees,...more

NLRB Wants Employers to be Responsible for Contract, Franchise Workers

Fox Rothschild LLP on 10/30/2023

In the latest of a string of decisions seemingly supporting President Biden’s claim of being the most pro-union president in history, the National Labor Relations Board (NLRB) this week issued its Final Rule on the Standard...more

NLRB Takes Aim at Employers that Classify Workers as Independent Contractors

Quarles & Brady LLP on 8/4/2023

In recent action, the National Labor Relations Board (“NLRB” or “Board”) has demonstrated a clear intention to closely scrutinize employers that classify workers as independent contractors. Specifically, in June, 2023, the...more

NLRB Independent Contractor Test Gives More Workers Union Organizing Rights

Miles & Stockbridge P.C. on 7/13/2023

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

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

Jackson Lewis P.C. on 6/29/2023

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

Biden NLRB Reverts to Obama Era Independent Contractor Test: Test Previously Rejected by DC Circuit

Epstein Becker & Green on 6/28/2023

Shocking few NLRB observers, the National Labor Relations Board (NLRB), in The Atlanta Opera, Inc., Case 10-RC-276292, a 3-1 decision issued June 13, 2023, announced its modified standard for analyzing whether workers are...more

NLRB’s Independent Contractor Test Shifts Back To Pre-Trump Standard

Ballard Spahr LLP on 6/26/2023

Last week, the National Labor Relations Board (“Board”) issued a decision changing the legal standard it will use to determine whether workers are “employees” covered by the National Labor Relations Act (“NLRA”), or...more

NLRB Departs from Employer-Friendly Independent Contractor Test

Fox Rothschild LLP on 6/22/2023

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

OFCCP Week In Review: June 2023 #3

DirectEmployers Association on 6/21/2023

Tuesday, June 13, 2023: U.S. NLRB Returned to Obama-Era Independent Contractor Standard for NLRA Coverage - Ruling Makes It Harder for Employers to Treat Workers as Independent Contractors - Decision Will Also Impact...more

Labor Board Returns to 2014 Test for Determining Whether Individual Is Independent Contractor

Jackson Lewis P.C. on 6/21/2023

The National Labor Relations Board has returned to its Obama-era standard for determining whether an individual is an independent contractor under the National Labor Relations Act. The Atlanta Opera, Inc., 372 NLRB No. 95...more

NLRB Modifies Independent Contractor Test in Atlanta Opera Decision

Husch Blackwell LLP on 6/20/2023

On June 13, 2023, the National Labor Relations Board (NLRB) issued its decision in Atlanta Opera, overruling the Trump-era SuperShuttle DFW, Inc. standard and reverting back to the Obama-era FedEx Home Delivery (FedEx II)...more

Wigging Out: The NLRB Overturns Another Trump-Era Test and Returns to a Stricter Independent Contractor Standard

Venable LLP on 6/19/2023

On Tuesday, June 13, 2023, the National Labor Relations Board (NLRB or the “Board”) issued a decision that effectively increases the number of workers who are considered employees rather than independent contractors under the...more

NLRB Narrows Definition of Independent Contractor Under Federal Labor Laws

Parker Poe Adams & Bernstein LLP on 6/18/2023

On Tuesday, the National Labor Relations Board (NLRB) overturned a Trump-era precedent, changing the test used to determine whether workers seeking protection under federal labor laws are employees or independent contractors....more

NLRB Reinstates Obama-Era Independent Contractor Test

Benesch on 6/15/2023

On June 13, 2023, the National Labor Relations Board (NLRB) carried on with its trend of reversing Trump-era precedent. In its 3-1 decision, The Atlanta Opera, Inc., the NLRB overturned the Trump NLRB’s 2019 decision,...more

NLRB Modifies Independent Contractor Test

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/15/2023

On June 13, 2023, the National Labor Relations Board (NLRB) overruled its 2019 independent contractor standard focused on whether workers have “entrepreneurial opportunity” and returned to a common law multi-factor analysis...more

NLRB revamps independent contractor standard to expand “employee” coverage

Constangy, Brooks, Smith & Prophete, LLP on 6/15/2023

On Wednesday the National Labor Relations Board reverted to an Obama-era standard for determining whether a worker was an “employee” or an “independent contractor.” As you might suspect, the new standard makes it more likely...more

No Need To Panic: The NLRB’s Atlanta Opera Decision Is Unlikely To Have a Major Impact on Independent Contractor Classification...

BakerHostetler on 6/15/2023

The sky is not falling. When the National Labor Relations Board (NLRB or Board) issued its Atlanta Opera decision on June 14, I read the decision. Then I read some of the commentary issued quickly by news outlets right...more

The National Labor Relations Act › Wage and Hour › Independent Contractors