News & Analysis as of September 22, 2024

Hiring & Firing

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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 -

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

Butler Snow LLP on 6/19/2023

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

What Will 2022 Bring for the Gig Economy?

Fisher Phillips on 1/24/2022

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

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

Fisher Phillips on 1/2/2020

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

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

Bradley Arant Boult Cummings LLP on 10/22/2019

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

Recent Developments in the Battle of Independent Contractors vs. Employees

Bradley Arant Boult Cummings LLP on 6/19/2019

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

Companies using independent contractors score big following NLRB ruling

Bricker Graydon LLP on 2/14/2019

In a ruling with significance for companies using independent contractors, the National Labor Relations Board (NLRB) returned to its long-standing traditional common law test (see SuperShuttle DFW, Inc.)....more

Another Reset Of NLRB’s Independent Contractor Test

Troutman Pepper on 2/14/2019

On Jan. 25, 2019, the Republican-led National Labor Relations Board affirmed the acting regional director’s decision that drivers of a shared airport ride service were independent contractors, not employees, and therefore not...more

Back to the Future (Again): NLRB Returns to Traditional Independent Contractor Test

Polsinelli on 1/31/2019

On January 25, 2019, the National Labor Relations Board (“NLRB” or “Board”) in SuperShuttle DFW, Inc. (367 NLRB No. 75), overruled the Obama-era 2014 FedEx Home Delivery (361 NLRB 610) decision and returned to its traditional...more

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

Fisher Phillips on 5/15/2018

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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