News & Analysis as of September 21, 2024

Wage and Hour

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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 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

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 Reinstates Obama-Era Independent Contractor Test

Benesch on 6/15/2023

On June 13, 2023, the National Labor Relations Board (NLRB) carried on with its trend of reversing Trump-era precedent. In its 3-1 decision, The Atlanta Opera, Inc., the NLRB overturned the Trump NLRB’s 2019 decision,...more

NLRB Modifies Independent Contractor Test

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/15/2023

On June 13, 2023, the National Labor Relations Board (NLRB) overruled its 2019 independent contractor standard focused on whether workers have “entrepreneurial opportunity” and returned to a common law multi-factor analysis...more

Labor Board Returns to Stricter Independent Contractor Standard: 4 Things Employers Need to Know

Fisher Phillips on 6/15/2023

A highly anticipated decision by the National Labor Relations Board (NLRB) makes it significantly harder for companies to classify their workers as independent contractors. The Board’s June 13 decision in Atlanta Opera...more

Entrepreneurial Opportunity and Control - Two Sides of the Same Coin?

Foley & Lardner LLP on 6/11/2019

The National Labor Relations Board (NLRB) has once again weighed in on the proverbial employee-independent contractor issue, this time by way of its General Counsel. On April 16, 2019, the General Counsel’s office issued an...more

New Test or Old Test?: The NLRB and Independent Contractors

Spilman Thomas & Battle, PLLC on 3/19/2019

The National Labor Relations Board (the “NLRB”) began the year by again changing the test it uses to determine whether a worker is an independent contractor. The test is, however, not new. Instead, in SuperShuttle DFW, Inc....more

January 2019: The Top 16 Labor And Employment Law Stories

Fisher Phillips on 2/11/2019

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Latest Labor Board Decision A Step In The Right Direction, But Not A Magic Bullet

Fisher Phillips on 2/11/2019

I recently wrote about the January 25 decision from the National Labor Relations Board that makes it easier for businesses to classify their workers as independent contractors (SuperShuttle DFW, Inc.). In a nutshell, now that...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

More Workers Likely To Be Considered Independent Contractors and Not Employees, Under NLRB's New Ruling

Miller Canfield on 1/29/2019

The National Labor Relations Board ("the Board") has revised the standard for determining who are independent contractors excluded from the National Labor Relations Act's ("the Act") protections, meaning more workers are...more

NLRB Decision Shines Spotlight on “Entrepreneurial Opportunity,” Returns to Prior Independent Contractor Analysis

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/28/2019

On January 25, 2019, the National Labor Relations Board issued a decision friendly to businesses—particularly those operating in the gig economy—in SuperShuttle DFW, Inc., 367 NLRB No. 75 (2019). The Board’s decision marks a...more

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