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National Labor Relations Board › Classification

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 -
Cozen O'Connor

Cozen Currents: When Getting Rusty is a Good Thing

Cozen O'Connor on

The Cozen Lens - •As much as the whole country can’t help but tune in to former President Trump’s guilty verdict, the fact is that the political ramifications only matter insofar as they may swing three states. •The Biden...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - March 2024

Skadden, Arps, Slate, Meagher & Flom LLP on

In this issue of Employment Flash: the new DOL rule on independent contractors, SCOTUS’s unanimous Sarbanes-Oxley whistleblower ruling, plus labor law developments in California, Delaware, D.C., New York, the EU, Germany and...more

Cozen O'Connor

Do Recent Changes and Legal Challenges to the Independent Contractor Test Affect OSHA?

Cozen O'Connor on

Businesses have struggled with the determination of who is an independent contractor vs employee for many decades. One of the challenges rests with the fact that the applicable legal test may be different depending on the...more

Ward and Smith, P.A.

New Year, (Potentially) New Rules?

Ward and Smith, P.A. on

Sometimes, the only constant is change.  This New Year is no different.   In 2023, we saw several developments in labor and employment law, including federal and state court decisions, regulations, and administrative agency...more

Perkins Coie

NLRB Returns to the Obama-Era Standard for Independent Contractors

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The National Labor Relations Board (NLRB or the Board) issued a decision on June 16, 2023, returning to an Obama-era standard used to determine whether a worker is an employee or an independent contractor under the National...more

Mintz

Employee or Independent Contractor? Not so fast…

Mintz on

The National Labor Relations Board recently issued a decision finding that makeup artists, wig artists and hairstylists of The Atlanta Opera were in fact employees and not independent contractors. In rendering its decision...more

Steptoe & Johnson PLLC

NLRB Reverts to Tougher Contractor Standard

Steptoe & Johnson PLLC on

On June 13, 2023, the National Labor Relations Board (NLRB) reconsidered its standard when determining whether workers are covered employees under the National Labor Relations Act or, instead, are independent contractors...more

DarrowEverett LLP

Everything and the Kitchen Sink: The NLRB’s Labor-Friendly New Year’s Resolutions

DarrowEverett LLP on

Contrary to the expression’s limitations, the National Labor Relations Board (the Board”) set the tone for 2023 with some major Decisions which will essentially provide employees with not only the kitchen sink, but the walls...more

Jackson Lewis P.C.

Labor Board Returns to ‘Overwhelming Community of Interest’ Standard for Bargaining Units

Jackson Lewis P.C. on

Swinging the pendulum back to imposing a higher hurdle for employers seeking to include employees improperly excluded from a proposed bargaining unit, the National Labor Relations Board (NLRB) in American Steel, 372 NLRB 23...more

Smith Debnam Narron Drake Saintsing & Myers,...

Department of Labor Tightens the Screws on Contractor Classification

Smith Debnam Narron Drake Saintsing & Myers,... on

As widely anticipated, on October 11, the Wage and Hour Division of the United States Department of Labor (DOL) issued a proposed rule revising its analysis of what constitutes an employee under the Fair Labor Standards Act...more

Fox Rothschild LLP

Animation Guild Posts Further Gains

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The Animation Guild (TAG) is on a roll. The union very recently announced a settlement with the AMPTP, the studios’ bargaining representative, on a new blanket contract, up for a ratification vote in late June. This closely...more

Sheppard Mullin Richter & Hampton LLP

NLRB to Decide Whether Misclassification Is Standalone Violation of the NLRA

Sheppard Mullin Richter & Hampton LLP on

The National Labor Relations Board (Board or NLRB) could reverse a 2019 decision holding that honest, albeit mistaken, classification decisions and announcements to employees do not violate the National Labor Relations Act...more

Amundsen Davis LLC

Re-Classification Coming: NLRB Poised to Change the Test for Misclassification and Ramp Up Enforcement Efforts

Amundsen Davis LLC on

On December 27, 2021, the NLRB entered a formal Notice and Invitation for briefing from the public to aid in its consideration of: (1) overturning the independent-contractor standard established in SuperShuttle DFW, Inc., 367...more

Foley & Lardner LLP

NLRB Announces it Will Revisit its FedEx and SuperShuttle Decisions in Atlanta Opera

Foley & Lardner LLP on

On Monday, December 27, 2021, the National Labor Relations Board (the “Board” or the “NLRB”) issued a notice of proposed rulemaking and invited public participation in reconsidering the test for classifying independent...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

Epstein Becker & Green on

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

Employment Law This Week®: Gig Worker Classification, NLRB Rulemaking Agenda, Non-Compete Agreement Backlash

Epstein Becker & Green on

This Employment Law This Week® Monthly Rundown discusses the most important developments for employers heading into June 2019. The episode includes: 1. Worker Classification in the Gig Economy There is a bit more clarity...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - May 2019

Skadden, Arps, Slate, Meagher & Flom LLP on

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

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

Third Thursdays with Ruthie: Are College Professors and Other Professional Employees Covered By the NLRA?

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

The issue of whether faculty at private colleges and universities are entitled to the protections of the National Labor Relations Act is still in flux—and cases on this topic can provide useful insight for other industries as...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - April 2018

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This edition of Employment Flash looks at recent court decisions, including the U.S. Supreme Court's rulings on cases relating to the definition of a whistleblower and exemptions from the overtime pay provisions. This edition...more

Fisher Phillips

August 2017: The Top 11 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 have been an unprecedented number of changes each month in 2017. August was no...more

Fisher Phillips

New Case Shows That “Uber-ization” of Workforce Could Lead to Misclassification Challenges

Fisher Phillips on

Earlier this week, I wrote an article about a recent NLRB decision where the Board found a group of workers who provide video content services for the display board at Minnesota Timberwolves basketball games to be incorrectly...more

Fisher Phillips

Labor Board Dunks On Employer’s Contractor Classification Attempt - NBA’s Timberwolves Foul Out In Front Of NLRB

Fisher Phillips on

In a ruling sure to leave businesses and gig economy companies crying foul, the National Labor Relations Board concluded that workers producing electronic video display content for the NBA’s Minnesota Timberwolves were...more

Bradley Arant Boult Cummings LLP

Hot Topics: Worker Classification Issues

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Worker classification issues are popping up in the news a lot again. This is because the National Labor Relations Board (NLRB) is taking a more aggressive view on joint-employer standards under the National Labor Relations...more

Foley & Lardner LLP

Do You Know Who Your Employees Are?

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Employers are beginning to learn that they may have far more employees than they think. A driver for the ride sharing company Uber was considered an “employee” by the California Labor Commissioner’s Office earlier this month....more

Mintz - Employment, Labor & Benefits...

NLRB Still Looking for Answers On Whether University Faculty Are “Managerial Employees”

Mintz - Employment, Labor & Benefits... on

The National Labor Relations Board is seeking amicus briefs to help it decide whether full-time, non-tenure-eligible contingent faculty members at Pacific Lutheran University (PLU) are excluded from the National Labor...more

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