News & Analysis as of September 23, 2024

Unions

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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 -

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

Proskauer - Labor Relations Update on 6/16/2023

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

Top Five Labor Law Developments for December 2021

Jackson Lewis P.C. on 1/26/2022

1. The National Labor Relations Board (NLRB) announced on Dec. 10 that it will again revisit its joint employer standard. The agency’s 2022 regulatory agenda includes plans to engage in the formal rulemaking process on the...more

NLRB Overturns 2014 Independent Contractor Test

Parker Poe Adams & Bernstein LLP on 2/4/2019

In a decision with major implications for companies in the “gig economy,” on January 25 the National Labor Relations Board reversed an Obama-era case that established a tougher test for companies to contend that their workers...more

April 2016 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on 5/9/2016

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

The Eighth Circuit Upholds Specialty Healthcare

Franczek P.C. on 3/16/2016

Last week, the U.S. Court of Appeals for the Eighth Circuit upheld the National Labor Relations Board’s Specialty Healthcare framework for determining whether a union’s petitioned-for bargaining unit is appropriate. Under...more

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

Troutman Pepper on 8/31/2015

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

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