NLRB, Employer Liability Issues, Employee Definition

Employer Whiplash: Federal Agencies Flip-Flop on Two Federal Employment Rules

Brownstein Hyatt Farber Schreck on 4/19/2024

While federal regulations and rules shift under new administrations frequently, recent events related to two important employment rules mean they revert to prior versions, potentially exposing employers to legal liability if...more

Employment Flash - March 2024

Skadden, Arps, Slate, Meagher & Flom LLP on 3/25/2024

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

FTC Again Signals Strong Focus on Independent Contractor Misclassification Actions

Parker Poe Adams & Bernstein LLP on 3/1/2024

The Federal Trade Commission (FTC) continued its steady march toward broadening its enforcement over labor and employment conduct using antitrust laws in early February when Commissioner Alvaro Bedoya declared that the...more

Who’s a Joint Employer Now? New NLRB Rule Drastically Expands Joint Employer Definition

Sheppard Mullin Richter & Hampton LLP on 11/17/2023

On October 26, 2023, the National Labor Relations Board (the “Board”) released a final rule which vastly broadens the standard for determining joint-employer status under the National Labor Relations Act (“NLRA”) and makes it...more

Clocking in with PilieroMazza: The NLRB Strikes Again: Reasons to Revisit Independent Contractor Classifications

PilieroMazza PLLC on 8/25/2023

Do you have 10 minutes or less to stay on top of the ever-changing laws and regulations around labor and employment? Check out PilieroMazza‘s new podcast “Clocking in with PilieroMazza: Labor and Employment News for...more

Entrepreneurial Opportunity Takes A Back Seat In Revised NLRB Test Of Employee Versus Independent Contractor Status

Genova Burns LLC on 8/4/2023

On June 13, 2023, in a 3-1 decision, the NLRB overruled its own 2019 decision in SuperShuttle DFW and returned to the test of statutory employee status in its 2014 FedEx II decision which it terms carefully calibrated. In...more

NLRB Independent Contractor Test Gives More Workers Union Organizing Rights

Miles & Stockbridge P.C. on 7/13/2023

The National Labor Relations Board (“NLRB” or “the Board”) continued its course of reversing Trump-era law by issuing a decision last month that will make it easier for workers to establish “employee” – as opposed to...more

NLRB decision reverts Trump Board independent contractor test to Obama-era multi-factor test

Hogan Lovells on 7/11/2023

The National Labor Relations Board (NLRB) has just weighed in on independent contractors – and has overturned the Trump-era standard in favor of the more complex Obama-era standard. In The Atlantic Opera, 372 NLRB 95 (2023),...more

NLRB Returns to the Obama-Era Standard for Independent Contractors

Perkins Coie on 7/5/2023

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

NLRB's Stricter Contractor Test May Bring Organizing Risks

Akin Gump Strauss Hauer & Feld LLP on 6/30/2023

With increasingly diverse and complex work arrangements, companies face challenges in answering a seemingly basic legal question: Is a worker an employee of the company, or an independent contractor? On June 13, the...more

Employee or Independent Contractor? Not so fast…

Mintz on 6/28/2023

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

Biden NLRB Reverts to Obama Era Independent Contractor Test: Test Previously Rejected by DC Circuit

Epstein Becker & Green on 6/28/2023

Shocking few NLRB observers, the National Labor Relations Board (NLRB), in The Atlanta Opera, Inc., Case 10-RC-276292, a 3-1 decision issued June 13, 2023, announced its modified standard for analyzing whether workers are...more

NLRB Departs from Employer-Friendly Independent Contractor Test

Fox Rothschild LLP on 6/22/2023

The National Labor Relations Board, in its decision in The Atlanta Opera, Inc., has modified its standard for determining whether a worker is an employee or independent contractor under the National Labor Relations Act (the...more

NLRB Returns to Pre-2019 Independent Contractor Standard Making It Easier for Workers To Be Considered Employees

Morgan Lewis on 6/22/2023

In The Atlanta Opera Inc., the National Labor Relations Board once again changed the standard for determining independent contractor status under the National Labor Relations Act, returning to its pre-2019 standard making it...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

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 Decision Reinstates Obama-Era Independent Contractor Standard

Dinsmore & Shohl LLP on 6/19/2023

NLRB Decision Reinstates Obama-Era Independent Contractor Standard The National Labor Relations Board (“NLRB”) reinstated the test established in FedEx Home Delivery (FedEx II), lessening the requirements for a worker to be...more

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

NLRB Narrows Definition of Independent Contractor Under Federal Labor Laws

Parker Poe Adams & Bernstein LLP on 6/18/2023

On Tuesday, the National Labor Relations Board (NLRB) overturned a Trump-era precedent, changing the test used to determine whether workers seeking protection under federal labor laws are employees or independent contractors....more

Third Try’s the Charm? National Labor Relations Board (Again) Narrows Definition of “Independent Contractor” Under the National...

Littler on 6/15/2023

On June 13, 2023, the National Labor Relations Board (“NLRB” or “the Board”) issued its long-awaited decision in The Atlanta Opera, in which it overturned prior law (SuperShuttle DFW, Inc.) and reinstated a narrower test for...more

National Labor Relations Board › Employer Liability Issues › Employee Definition