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National Labor Relations Board › ABC Test › Department of Labor (DOL)

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +
The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.    less -
BakerHostetler

Snakes! And Other Things to Watch for in 2024, Contingent Workforce Edition

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When playing professional sports in Australia, you’d better watch out for snakes. A venomous red-bellied black snake was spotted on the field at an Australian Football League Women’s match earlier this year, causing an...more

Butler Snow LLP

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

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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

Fisher Phillips

What Will 2022 Bring for the Gig Economy?

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As gig economy businesses – and other employers that implement gig-like workforce models – gear up for a new year, it’s natural to look ahead and begin to set expectations for what the road ahead might bring. We’ve scoured...more

Smith Debnam Narron Drake Saintsing & Myers,...

National Labor Relations Board Reconsiders Test for Employment Status

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It has been the source of speculation for some time that the standard for determining whether a worker is correctly classified as an employee or an independent contractor will soon be revised. On December 27, 2021, the...more

Fox Rothschild LLP

Franchise Industry Calamity Averted, For Now

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In recent blogs, we identified serious threats to the franchise industry – the Protect the Right to Organize (“PRO”) Act, joint employer standards, state ABC laws, and the new Biden Administration guard at the Department of...more

Fox Rothschild LLP

WHIPLASH! A Stunningly Fast Reversal Of Labor Policies

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It was predictable – even inevitable – that the Biden administration would reverse much of Trump’s labor oeuvre. But no one could have predicted how quickly! In a little more than a month, the administration has:...more

Proskauer - Law and the Workplace

White House “Regulatory Freeze” Memo Dooms DOL Independent Contractor Rule

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As expected, the White House issued a memorandum to the heads of all executive departments and agencies within the first few hours after President Biden’s inauguration on January 20, requesting that they halt all...more

Constangy, Brooks, Smith & Prophete, LLP

The Biden Era Of Labor Law Change – The Shift To Organized Labor

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Labor law, along with other employment-related policy matters, is at the forefront of the political, economic, and oftentimes cultural divide in the nation. With the change in Presidential administrations, some knowledgeable...more

Holland & Knight LLP

Another Shift on Joint Employment and Independent Contractors

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Four years ago, the question was raised of whether the then-incoming Trump Administration would reverse course on Obama Administration positions assailing the independent contractor model. Shortly thereafter, the U.S....more

Fox Rothschild LLP

Franchising On The Precipice: Unknowns In Transition

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Change is coming, but will it be a welcome change or a harbinger of woe? Over the last 8 years or so, the ever-changing landscape of employment laws has arguably posed an existential threat to franchising. The franchise...more

Fisher Phillips

A Decade In Review: Workplace Law In The 2010’s

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When the calendar turned to January 1, we not only saw the dawn of a new year but the beginning of a new decade. It’s natural, at such a turning point, to spend some time looking back on what has transpired in the past 10...more

Bradley Arant Boult Cummings LLP

The More Things Change, the More They Remain the Same: Worker Classification in the Gig Economy - Labor & Employment Newsletter

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What Is the “Gig Economy”? The “gig economy” is the catchall term for an ever-growing range of temporary, flexible, autonomous work arrangements that are often enabled by technology platforms, such as websites or apps that...more

Epstein Becker & Green

Employment Law This Week®: DOL’s Final Overtime Rule, CA Codifies “ABC Test,” Pay Data Collection Beyond 2018, NLRB’s Busy Summer

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This Employment Law This Week® Monthly Rundown discusses the most important developments for employers heading into October 2019. The episode includes: 1. DOL Issues Final Overtime Rule On September 24, the U.S. Department...more

Epstein Becker & Green

Texas Rule on “Gig Workers” Takes Effect

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The Texas Workforce Commission (“TWC”), the agency responsible for administering unemployment benefits and assessing unemployment taxes, recently adopted a rule (“Rule”) pursuant to which certain workers who provide services...more

Bradley Arant Boult Cummings LLP

Recent Developments in the Battle of Independent Contractors vs. Employees

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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

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

Fisher Phillips

Top 50 Workplace Law Stories Of 2018

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It’s hard to keep up with the news these days. It sometimes feels like you can’t step away from your phone, computer, or TV for more than an hour or so without a barrage of new information hitting the headlines—and you’re...more

Fisher Phillips

Web Exclusive - April 2018: The Top 19 Labor And Employment Law Stories

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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 were an unprecedented number of changes all through 2017. And if the first four months...more

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