News & Analysis as of September 25, 2024

Misclassification

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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 -

NJ DOL Bills Uber $650M for Misclassified Drivers

Ballard Spahr LLP on 11/20/2019

The New Jersey Department of Labor (NJ DOL) billed Uber Technologies, Inc. and a subsidiary $650 million for past-due taxes, interest, and penalties due to an alleged misclassification of its drivers as independent...more

But We Tried to Do It Right! Stand-Alone Misclassification of Independent Contractor May Not Be a Violation

Bradley Arant Boult Cummings LLP on 9/26/2019

Recently, the National Labor Relations Board (NLRB) issued another pro-employer decision, resolving an issue at the forefront of employment law, independent contractor classification. In Velox Express, Inc. and Jeannie Edge,...more

The Practical NLRB Advisor: Spring 2019

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/19/2019

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the spring 2019 issue of the Practical NLRB Advisor. This edition provides a close look at the development of the...more

DOL, NLRB weigh in on classification status of gig economy workers

McAfee & Taft on 5/16/2019

While temporary positions, such as freelancing and seasonal jobs, have been around forever, the “gig economy” – the sector of the service industry that provides flexible, non-traditional working opportunities – has grown...more

The NLRB Returns to a Business-Friendly Independent-Contractor Test

UB Greensfelder LLP on 2/4/2019

Last week’s National Labor Relations Board (“NLRB”) ruling is good news for businesses that currently use or plan to use contract labor as part of their workforce. The Board returned to its traditional test for determining...more

National Labor Relations Board Issues Decision Overruling Obama-Era Independent Contractor Test: What This Means For (Putative)...

Sheppard Mullin Richter & Hampton LLP on 2/1/2019

In a business-friendly decision issued on January 25, 2019, the National Labor Relations Board (“NLRB” or “Board”) revised its test for determining whether putative independent contractors are exempt from coverage under the...more

April 2017: The 13 Biggest Labor And Employment Law Stories

Fisher Phillips on 5/5/2017

It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. April 2017 was another month...more

NLRB Releases Advice Memorandum Affirming Misclassification Constitutes Unfair Labor Practice

Sheppard Mullin Richter & Hampton LLP on 9/30/2016

At the end August, the National Labor Relations Board released an advice memorandum, originally drafted in December 2015, concluding that a group of drivers who worked for a drayage company called Pacific 9 Transportation...more

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