News & Analysis as of September 19, 2024

Employer Liability Issues

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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 -

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’s Proposed New Joint Employer Rule: What to do now to manage the risk

Miller Canfield on 9/21/2022

On September 7, 2022, the National Labor Relations Board (NLRB) issued a Notice of Proposed Rulemaking (NPRM) that would, if adopted, make it much easier for the NLRB to find a company to be a "joint employer" of...more

NLRB Proposes Reversing Trump-Era Joint-Employer Standard

Benesch on 9/8/2022

On September 6, 2022, the National Labor Relations Board (the “Board”) issued a draft rule replacing and significantly altering the Trump-era 2020 joint-employer standard. Standard for Determining Joint-Employer Status...more

Orchestra Left Without A Chair When The Music Stops: Another Independent Contractor Misclassification

Foley & Lardner LLP on 4/29/2016

How independent are musicians who play and perform with others? Do they have more artistic control on their own, or do they only become truly great artists in collaboration with others when their independent talents combine...more

Who Are My Employees?

Buchalter on 11/4/2015

The legal landscape for employers is changing. Led by the National Labor Relations Board (the “NLRB”), there is a growing trend to hold employers accountable, not only for their own employees, but also for the employees of...more

Do You Know Who Your Employees Are?

Foley & Lardner LLP on 7/3/2015

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

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