News & Analysis as of September 18, 2024

Independent Contractors

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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 -

NLRB Does 180º (360º? 540º?) Turn on Independent Contractor Analysis; It May Not Matter

McCarter & English, LLP on 6/22/2023

The National Labor Relations Act (NLRA) provides a host of labor-related rights for private-sector employees, including the right to form or join unions, the ability to compel employers to collectively bargain with the unions...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

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

Employment Flash - May 2019

Skadden, Arps, Slate, Meagher & Flom LLP on 5/29/2019

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

Employment Flash - January 2019

Skadden, Arps, Slate, Meagher & Flom LLP on 1/31/2019

This edition of Employment Flash looks at developments in labor and employment law, including with respect to restrictive covenants; new state anti-harassment laws; minimum wage increases; age bias claims; and the employee...more

Supershuttle Transports Independent Contractor Status into the Spotlight

FordHarrison on 1/31/2019

On January 25, 2019, the National Labor Relations Board (NLRB) affirmed the Acting Regional Director’s determination that franchisees who drive for SuperShuttle are independent contractors, not statutory employees, and...more

NLRB Restores Common Law Agency Test for Independent Contractor/Employee Status Under NLRA

Holland & Knight LLP on 1/30/2019

• In SuperShuttle DFW, Inc., a National Labor Relations Board (NLRB, or Board) majority overruled its 2014 decision in FedEx Home Delivery and held that shuttle-van-driver franchisees of SuperShuttle at Dallas Fort Worth...more

Another Obama-Board Decision Overturned: NLRB Reverts to Traditional Common-Law Agency Independent-Contractor Test and Foreshadows...

Proskauer - Labor Relations Update on 1/30/2019

On January 25, 2019, in a long-anticipated decision, the NLRB overturned another Obama-Board decision, FedEx Home Delivery, 361 NLRB 610 (2014), which modified the test for whether an individual is an “employee” or an...more

Hot Topics: Worker Classification Issues

Bradley Arant Boult Cummings LLP on 10/2/2015

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

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