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National Labor Relations Board › Employer Liability Issues › Trucking Industry

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 -
Epiq

Supreme Court Limits Individual Arbitration Agreement Enforcement

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When an employee signs an individual arbitration agreement, they agree to go through arbitration as opposed to filing a lawsuit if a legal issue arises in the workplace. As one can imagine, these agreements are regularly the...more

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

The Practical NLRB Advisor Issue 6 Summer 2017

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XYZ Logistics has certainly had its share of labor troubles lately. Its truck drivers have been represented by the Teamsters for decades, and it has been bargaining a new union contract for what seems like forever. The...more

Seyfarth Shaw LLP

NLRB Issues Advice Memorandum Claiming That Misclassification of Employees as Independent Contractors Violates Section 8(a)(1) of...

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Seyfarth Synopsis: In an advice memorandum issued on December 18, 2015, but just released to the public at the end of August, 2016, an Associate General Counsel of the National Labor Relations Board opined that an employer’s...more

Seyfarth Shaw LLP

NLRB General Counsel Seeks To Regulate and Target Employers with Independent Contractors

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Seyfarth Synopsis: NLRB General Counsel releases an Advice Memorandum finding that the misclassification of independent contractors amounts to a standalone violation of Section 8(a)(1) of the NLRA....more

Troutman Pepper

NLRB General Counsel Creates a “Misclassification-Plus” Unfair Labor Practice

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On August 26, 2016, the National Labor Relations Board made public an Advice Memorandum from the NLRB’s Office of General Counsel regarding an unfair labor practice case arising in the context of independent contractor...more

Troutman Pepper

July 2016 Independent Contractor Misclassification and Compliance News Update

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Four of the five independent contractor (IC) misclassification cases reported below from July 2016 illustrate how companies continue to fail to structure, document, and implement a business’s IC relationships in a manner that...more

Troutman Pepper

April 2016 Independent Contractor Misclassification and Compliance News Update

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This past month involved the settlement of a number of high profile IC misclassification cases. In one case, a federal court gave conditional approval to a $226 million settlement between FedEx and its Ground Division...more

Troutman Pepper

Is the NLRB Trying to Make Independent Contractor Misclassification an Unfair Labor Practice?

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A Regional Director for the NLRB issued an unfair labor practice complaint on April 18, 2016 alleging that a transportation company “has misclassified its employee-drivers as independent contractors, thereby inhibiting them...more

Polsinelli

The Next Wave of Joint Employment Litigation

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A looming surge of cases threatens to expand the joint employment doctrine and fundamentally alter the operations of franchisors, retailers, and businesses utilizing independent contractors within the four walls of their...more

Manatt, Phelps & Phillips, LLP

Employment Law - November 2014

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State Voters Pass Paid Sick Leave, Wage Increases - Why it matters: The polls have closed and the votes are in: The midterm elections will have a significant impact on employers across the country as voters in multiple...more

Benesch

Flash No. 41: How The NLRB and 2 All-Beef Patties Resonate with Trucking

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The National Labor Relations Board (“NLRB”) General Counsel’s July 31 announcement that he will name McDonald’s U.S.A. LLC as a joint employer in dozens of unfair labor practice cases filed on behalf of employees of...more

Fenwick & West LLP

Fenwick Employment Brief - July 2014

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California Employees Can Waive Class Claims In An Arbitration Agreement, But Not PAGA Claims - Resolving an issue that has created uncertainty for California employers, the California Supreme Court recently held in...more

Epstein Becker & Green

Act Now Advisory: Overbroad Handbook Policies May Constitute Unfair Labor Practices

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At-will disclaimers in employee handbooks may provide protection from contract claims, but a recent decision by a National Labor Relations Board ("NLRB") Administrative Law Judge ("ALJ") serves to remind employers that the...more

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