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National Labor Relations Board › Gig Economy › Uber

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 -
Ballard Spahr LLP

NJ DOL Bills Uber $650M for Misclassified Drivers

Ballard Spahr LLP on

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

Sheppard Mullin Richter & Hampton LLP

Which Are They? Independent Contractors Or Employees? Navigating The Conflicts Between State And Federal Law

Sheppard Mullin Richter & Hampton LLP on

UberX and UberBLACK Drivers Are Not Employees for Purposes of the NLRA - According to the NLRB General Counsel’s Division of Advice (GC), Uber’s UberX and UberBLACK drivers are independent contractors exempt from the...more

Fox Rothschild LLP

Uber Drivers Are Contractors, Not Employees, NLRB Memo Says

Fox Rothschild LLP on

Since the emergence of the “gig economy” in the last decade, courts and government agencies have grappled with the question of whether gig workers should be classified as employees or contractors. The answer to that question...more

Foley & Lardner LLP

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

Foley & Lardner LLP on

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

Obermayer Rebmann Maxwell & Hippel LLP

UBER Update: NLRB Advice Memo Reaffirms the “Entrepreneurial Opportunity” Test for Independent Contractors

Obermayer Rebmann Maxwell & Hippel LLP on

The “gig economy” has prompted a nationwide debate about which workers should be deemed employees (and therefore entitled to certain rights and benefits under labor and employment laws) as opposed to independent contractors. ...more

Laner Muchin, Ltd.

NLRB General Counsel’s Conclusion That Uber Drivers Are Independent Contractors Continues Trend That “Gig Economy” Workers Are Not...

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Earlier this month the National Labor Relations Board (NLRB) released an Advice Memorandum dated April 16, 2019, which took the position that Uber drivers are independent contractors, and thus, not covered by the National...more

Manatt, Phelps & Phillips, LLP

The Gig Economy: Uber Drives Home Victory With NLRB

Manatt, Phelps & Phillips, LLP on

In a new Advice Memorandum, the general counsel of the National Labor Relations Board (NLRB) declared that Uber drivers are independent contractors and not employees....more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - May 2019

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This edition of Employment Flash looks at developments in labor and employment law, including regarding a DOJ appeal of the EEOC's heightened pay reporting requirements, the NLRB's decision narrowing the circumstances under...more

Cozen O'Connor

NLRB Deals Another Blow to Gig Workers’ Rights Under NLRA

Cozen O'Connor on

Last week, the Division of Advice of the National Labor Relations Board (Board) released a previously issued advice memorandum (memorandum) concluding that drivers for the ride-sharing platform Uber are independent...more

Husch Blackwell LLP

Uber Drivers Are Not Employees According To The NLRB

Husch Blackwell LLP on

On May 14, 2019, the Office of the General Counsel of the National Labor Relations Board (NLRB) released an advice memorandum concluding that UberX and UberBlack drivers are independent contractors and not employees. This...more

Hogan Lovells

Office of the General Counsel of the National Labor Relations Board says that Uber Drivers are not Employees

Hogan Lovells on

In an Opinion Letter released on Tuesday, May 14, the Office of the National Labor Relations Board’s General Counsel opined that Uber drivers are not legal “employees” for the purposes of federal labor laws. ...more

Constangy, Brooks, Smith & Prophete, LLP

NLRB Releases Advice Memos On Gig Workers, Inflatable Critters, And More

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With maybe some relief for employers. This week, the General Counsel of the National Labor Relations Board publicly released some advice memoranda that indicate better times for employers and possibly tougher times for...more

Fisher Phillips

Good Step For Gig Companies: Advice Memo From NLRB’s General Counsel Concludes That Uber Drivers Are Contractors

Fisher Phillips on

It’s been a roller coaster two weeks for gig economy companies. On April 29, the U.S. Department of Labor handed gig economy companies a nice outcome by issuing an opinion letter confirming that typical gig workers are,...more

Fisher Phillips

March 2019: The Top 14 Labor And Employment Law Stories

Fisher Phillips on

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

Fisher Phillips

January 2019: The Top 16 Labor And Employment Law Stories

Fisher Phillips on

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

Parker Poe Adams & Bernstein LLP

NLRB Overturns 2014 Independent Contractor Test

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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

Fisher Phillips

Web Exclusive: February 2018: The Top 15 Labor And Employment Law Stories

Fisher Phillips on

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 were an unprecedented number of changes all through 2017. And if the first two months...more

Franczek P.C.

Ninth Circuit Pauses Seattle Ride-Share Union Ordinance, But Uncertainty Remains

Franczek P.C. on

Recently, the U.S. Circuit Court of Appeals for the Ninth Circuit blocked the implementation of Seattle Ordinance 124968, which would allow drivers for ride-sharing apps such as Uber and Lyft to form unions, while a suit over...more

Fisher Phillips

New Case Shows That “Uber-ization” of Workforce Could Lead to Misclassification Challenges

Fisher Phillips on

Earlier this week, I wrote an article about a recent NLRB decision where the Board found a group of workers who provide video content services for the display board at Minnesota Timberwolves basketball games to be incorrectly...more

Orrick - Employment Law and Litigation

Uber Rolls Along, Despite Driver Challenges to its Arbitration Agreement

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Companies operating in the “on-demand” or “gig economy” have enjoyed tremendous success in recent years, as emerging technologies and shifts in consumer tastes have buoyed their growth. These companies span a cross-section of...more

Foley & Lardner LLP

Be Uber Prepared To Do Business In The Gig Economy

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Until recently, the word “gig” had two common meanings: - ..A live music performance; and - ..A long trident used to hunt swamp-dwelling amphibians - However, a noted linguist recently crowned “gig” as the...more

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