NLRB, Gig Economy, Employer Liability Issues

Complex Laws Around Healthcare Employees Get More Complicated - Changes to Non-competes, Confidentiality, Independent Contractor,...

Dentons on 2/22/2024

Employers have seen an enormous number of changes recently to various rules about how they manage their employee base. This includes a Notice of Proposed Rule Making by the Federal Trade Commission (FTC) in late 2023,...more

NLRB Takes Aim at Employers that Classify Workers as Independent Contractors

Quarles & Brady LLP on 8/4/2023

In recent action, the National Labor Relations Board (“NLRB” or “Board”) has demonstrated a clear intention to closely scrutinize employers that classify workers as independent contractors. Specifically, in June, 2023, the...more

Entrepreneurial Opportunity Takes A Back Seat In Revised NLRB Test Of Employee Versus Independent Contractor Status

Genova Burns LLC on 8/4/2023

On June 13, 2023, in a 3-1 decision, the NLRB overruled its own 2019 decision in SuperShuttle DFW and returned to the test of statutory employee status in its 2014 FedEx II decision which it terms carefully calibrated. In...more

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

NLRB’s Independent Contractor Test Shifts Back To Pre-Trump Standard

Ballard Spahr LLP on 6/26/2023

Last week, the National Labor Relations Board (“Board”) issued a decision changing the legal standard it will use to determine whether workers are “employees” covered by the National Labor Relations Act (“NLRA”), or...more

Dressing Up the Standard In a New Wardrobe: NLRB Decision Spells Curtains for Trump Board Independent Contractor Test

Seyfarth Shaw LLP on 6/20/2023

Seyfarth Synopsis: In The Atlanta Opera, 372 NLRB 95 (2023), the National Labor Relations Board overturned Trump-era precedent by modifying its independent contractor test and returning to the test announced by the Obama...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 Narrows Definition of Independent Contractor Under Federal Labor Laws

Parker Poe Adams & Bernstein LLP on 6/18/2023

On Tuesday, the National Labor Relations Board (NLRB) overturned a Trump-era precedent, changing the test used to determine whether workers seeking protection under federal labor laws are employees or independent contractors....more

Third Try’s the Charm? National Labor Relations Board (Again) Narrows Definition of “Independent Contractor” Under the National...

Littler on 6/15/2023

On June 13, 2023, the National Labor Relations Board (“NLRB” or “the Board”) issued its long-awaited decision in The Atlanta Opera, in which it overturned prior law (SuperShuttle DFW, Inc.) and reinstated a narrower test for...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 Yet Again Seeks to Alter Test for Independent Contractor Status, But Does It Really ‎Make a Difference?‎

Locke Lord LLP on 6/14/2023

Yesterday, June 13, 2023, the NLRB issued a lengthy decision in its Atlanta Opera case dealing with the applicable test for independent contractor status under the National Labor Relations Act (NLRA). This decision reversed...more

It’s Not Just the NLRB Watching You - NLRB Adds the Consumer Financial Protection Bureau to Its Ever Growing List of Interagency...

Sheppard Mullin Richter & Hampton LLP on 5/2/2023

On March 7, 2023, the National Labor Relations Board (NLRB) and the Consumer Financial Protection Bureau (CFPB) signed a Memorandum of Understanding (“CFPB MOU”) that created a formal partnership between the two agencies. Per...more

What NLRB’s New Collaboration with Consumer Financial Agency Means for Gig Economy Businesses

Fisher Phillips on 3/10/2023

If your business relies on gig economy workers, you may want to review your policies on monitoring workers and requiring them to pay for training and equipment. That’s because the National Labor Relations Board (NLRB)...more

The Top 16 Workplace Law Stories from September 2022

Fisher Phillips on 10/5/2022

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

Beltway Buzz - September 2022 #3

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/26/2022

OSHA Broadens Criteria for “Severe Violators.” On September 15, 2022, the Occupational Safety and Health Administration (OSHA) announced updates to its Severe Violator Enforcement Program (SVEP) to “broaden the program’s...more

Oh My! Yet Another Collaboration Between Federal Agencies On The Independent Contractor “Situation.”

Fox Rothschild LLP on 8/12/2022

I have been worried for some time now about the threat of increasing cooperation between agencies, federal and state, when it comes to assessing independent contractor status. ...more

NLRB and FTC Jointly Issue MOU on Information Sharing, Training, and Outreach

Perkins Coie on 8/2/2022

The National Labor Relations Board (NLRB) and the Federal Trade Commission (FTC), on July 19, 2022, jointly issued a memorandum of understanding (MOU) regarding information sharing, cross-agency training, and outreach of...more

New Collaboration Between Federal Agencies Spells Antitrust Trouble for Gig Economy – or Any Business with Independent Contractors

Fisher Phillips on 7/27/2022

Two federal agencies just announced plans to join forces and scrutinize business arrangements involving independent contractors, among others, to determine whether there are antitrust concerns – a troubling sign for gig...more

National Labor Relations Board › Gig Economy › Employer Liability Issues