News & Analysis as of September 19, 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 -

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

Seyfarth Policy Matters Newsletter - February 2020 #3

Seyfarth Shaw LLP on 3/3/2020

NLRB Issues Final Joint Employer Rule. On February 26, the NLRB published its final rule governing joint employer status under the National Labor Relations Act. ...more

The National Labor Relations Board 2019 Year End Review: An Overview of Major Developments in Labor Law

McNees Wallace & Nurick LLC on 3/2/2020

If 2018 was a year of elevator music at the National Labor Relations Board, 2019 was symphony of sound. The Board’s initiatives were varied, high-profile and in the vast majority of cases, the developments were positives for...more

NJ DOL Bills Uber $650M for Misclassified Drivers

Ballard Spahr LLP on 11/20/2019

The New Jersey Department of Labor (NJ DOL) billed Uber Technologies, Inc. and a subsidiary $650 million for past-due taxes, interest, and penalties due to an alleged misclassification of its drivers as independent...more

The More Things Change, the More They Remain the Same: Worker Classification in the Gig Economy - Labor & Employment Newsletter

Bradley Arant Boult Cummings LLP on 10/22/2019

What Is the “Gig Economy”? The “gig economy” is the catchall term for an ever-growing range of temporary, flexible, autonomous work arrangements that are often enabled by technology platforms, such as websites or apps that...more

DOL, NLRB weigh in on classification status of gig economy workers

McAfee & Taft on 5/16/2019

While temporary positions, such as freelancing and seasonal jobs, have been around forever, the “gig economy” – the sector of the service industry that provides flexible, non-traditional working opportunities – has grown...more

Supershuttle Transports Independent Contractor Status into the Spotlight

FordHarrison on 1/31/2019

On January 25, 2019, the National Labor Relations Board (NLRB) affirmed the Acting Regional Director’s determination that franchisees who drive for SuperShuttle are independent contractors, not statutory employees, and...more

Back to the Future (Again): NLRB Returns to Traditional Independent Contractor Test

Polsinelli on 1/31/2019

On January 25, 2019, the National Labor Relations Board (“NLRB” or “Board”) in SuperShuttle DFW, Inc. (367 NLRB No. 75), overruled the Obama-era 2014 FedEx Home Delivery (361 NLRB 610) decision and returned to its traditional...more

Web Exclusive - June 2018: The Top 18 Labor And Employment Law Stories

Fisher Phillips on 7/10/2018

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

Labor Board Debates Whether To Add Insult To Injury In Misclassification Debate

Fisher Phillips on 2/23/2018

Imagine one of your worst corporate nightmares comes true: a government body has determined that you have misclassified your workers, and they should be considered employees and not contractors. The ramifications could be...more

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