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National Labor Relations Board › FedEx › Misclassification

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 -
CDF Labor Law LLP

NLRB Revives A More Stringent Standard For Independent Contractor Classification

CDF Labor Law LLP on

Consistent with other changes instituted by the National Labor Relations Board (NLRB) since President Joseph R. Biden took office, this past week, the Board reverted to the pre-Trump-era FedEx Home Delivery, 361 NLRB 610...more

Proskauer - Labor Relations Update

Third Act: NLRB Reinstates Employee-Friendly Independent Contractor Analysis under the NLRA

Proskauer - Labor Relations Update on

In a hotly-anticipated decision, The Atlanta Opera, Inc., 372 NLRB No. 95 (2023), the National Labor Relations Board (“NLRB” or “Board”) overturned the existing legal standard for determining whether a worker is an employee...more

Locke Lord LLP

Courts Unlikely to Accept a New NLRB Independent Contractor Test

Locke Lord LLP on

Earlier this week, the National Labor Relations Board issued an Order inviting the public to file briefs in a case involving the independent contractor status of workers providing makeup and hairstyle services to the Atlanta...more

ArentFox Schiff

NLRB To Reconsider Independent Contractor Standard

ArentFox Schiff on

In a notice issued yesterday in The Atlanta Opera, Inc. 371 NLRB No. 45 (2021), the National Labor Relations Board (NLRB or Board) invited parties and amici to submit briefs addressing whether the Board should reconsider its...more

Jackson Lewis P.C.

Labor Board Returns To Pre-2014 Test For Determining If Individual Is An Independent Contractor

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The National Labor Relations Board (NLRB) has held that in deciding whether an individual is an independent contractor or an employee, it will return to focusing on the extent to which the arrangement between the ostensible...more

Dickinson Wright

NLRB Focuses on “Entrepreneurial Opportunity” to Return to Pre-Obama Board Independent Contractor Test

Dickinson Wright on

For those keeping track, there are number of different (yet somewhat similar) tests agencies and courts use to determine whether a worker is an employee or an independent contractor. ...more

Holland & Knight LLP

NLRB Restores Common Law Agency Test for Independent Contractor/Employee Status Under NLRA

Holland & Knight LLP on

• In SuperShuttle DFW, Inc., a National Labor Relations Board (NLRB, or Board) majority overruled its 2014 decision in FedEx Home Delivery and held that shuttle-van-driver franchisees of SuperShuttle at Dallas Fort Worth...more

Jackson Lewis P.C.

NLRB Overrules Obama-Board Independent Contractor Precedent, Reinstates Common Law Test

Jackson Lewis P.C. on

The National Labor Relations Board has overruled FedEx Home Delivery, 361 NLRB 610 (2014). In that case, the Obama-Board decided that, in determining whether an individual is an independent contractor or an employee,...more

Locke Lord LLP

Five Key Independent Contractor Legal Developments in 2017 – and What to Expect in 2018 (Part I)

Locke Lord LLP on

2017 was notable for a shift in the law of independent contractors. Part 1, below, discusses five key legal developments from 2017 you should be aware of. Part 2, which will follow tomorrow, offers readers predictions of what...more

Locke Lord LLP

September 2017 Independent Contractor Misclassification and Compliance News Update

Locke Lord LLP on

September included three court cases that have attracted considerable attention in the area of independent contractor misclassification: an $8.75 million settlement in the nationwide class action against Postmates by its...more

Troutman Pepper

April 2017 Independent Contractor Misclassification and Compliance News Update

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April was a red-hot month for independent contractor misclassification cases. We report below on 11 cases in the courts and two before administrative agencies involving...more

Troutman Pepper

March 2017 Independent Contractor Misclassification and Compliance News Update

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The past month included significant state and federal appellate court decisions, large settlements of IC misclassification class actions, class and collective action certifications, and two IC misclassification class actions...more

McGuireWoods LLP

Court of Appeals Again Rejects National Labor Relations Board, Finds FedEx Ground Drivers Are Independent Contractors

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The U.S. Court of Appeals for the D.C. Circuit in a published opinion earlier this month emphasized that it means what it says. In 2009, the Court held in FedEx I that single-route FedEx drivers in Wilmington, Massachusetts...more

Troutman Pepper

December 2016 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on

In our update for last month’s developments in this area of the law, we report on five significant court cases involving companies in the transportation industry that use ICs as an integral part of their business model. Each...more

Troutman Pepper

April 2016 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on

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

August 2015 Independent Contractor Compliance and Misclassification News Update

Troutman Pepper on

August 2015 was not a vacation month for independent contractor cases. No less than seven major litigation events transpired this past month, highlighted by more of the same as well as some new developments. Several companies...more

Troutman Pepper

Impact of NLRB’s Joint Employer Decision on Independent Contractors: State-of-the-Art IC Agreements Can Protect from...

Troutman Pepper on

Few independent contractor agreements we have reviewed, even those of Fortune 500 companies, are relatively free from clauses that undermine the IC relationship because such agreements typically contain clauses that retain...more

Troutman Pepper

$228 Million: The Cost of Independent Contractor Misclassification for FedEx Ground in California

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Yesterday, June 12, FedEx announced in papers filed with the SEC that its Ground Division “has reached an agreement in principle with [drivers] in the independent contractor litigation that is pending in …California [federal...more

Nexsen Pruet, PLLC

Employment Law Update - Independent Contractors: The NLRB Refines its Standards

Nexsen Pruet, PLLC on

Whether an individual is classified as an independent contractor or an employee has significant legal implications, because most federal and state employment laws do not apply to independent contractors. Independent...more

BakerHostetler

NLRB Adopts New Test for Independent Contractor Misclassification, Applies it to Find FedEx Drivers are Employees Who Can Unionize

BakerHostetler on

The NLRB has tossed a new vegetable into the enormous salad of independent contractor misclassification tests. As companies might expect, the new vegetable smells rotten. Companies who wish to analyze whether their...more

Troutman Pepper

September 2014 Independent Contractor Compliance and Misclassification Update

Troutman Pepper on

This month’s headline developments are the crescendo of cases finding against FedEx Ground’s classification of drivers as independent contractors. On the heels of last month’s decision by the U.S. Court of Appeals for the...more

Troutman Pepper

FedEx Hit with Avalanche of Independent Contractor Misclassification Rulings

Troutman Pepper on

In the past week, the Supreme Court of Kansas and the National Labor Relations Board have issued lengthy, comprehensive opinions finding that FedEx misclassified its Home Delivery and Ground Division drivers as independent...more

Proskauer - Labor Relations

NLRB Refines Its Test for Independent Contractor Status

Proskauer - Labor Relations on

The National Labor Relations Board, with one member dissenting, has issued a decision in which it “refines” the test it uses for determining whether it will find individuals performing services for an employer to be...more

Manatt, Phelps & Phillips, LLP

Employment Law: Sep 2014

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California Enacts Paid Sick Leave - Why it matters: Employers in California must now provide three paid sick days per year for workers, pursuant to a new law going into effect on July 1, 2015. The controversial...more

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