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National Labor Relations Board › Hiring & Firing › Employee Definition

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 -
Troutman Pepper

NLRB Rules That Dartmouth Basketball Players Are Employees

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On February 5, the regional director for Region 1 of the National Labor Relations Board (NLRB or Board) ruled that the student-athletes on Dartmouth College’s men’s basketball team are “employees” under the National Labor...more

Ballard Spahr LLP

NLRB Regional Director Rules Dartmouth’s Basketball Players are School Employees

Ballard Spahr LLP on

On Monday, February 5, a Regional Director of the National Labor Relations Board (NLRB) issued a ruling that Dartmouth College basketball players are employees of the school, allowing them to vote on unionizing. The NLRB’s...more

Butler Snow LLP

Atlanta Opera: The NLRB Faces the Independent Contractor Music Once More

Butler Snow LLP on

On June 13, 2023, the National Labor Relations Board (NLRB) released a decision, referred to as Atlanta Opera Inc. (372 NLRB No. 95), that marks a shift in the applicable test for whether a worker qualifies as an independent...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - May 2021

Ogletree, Deakins, Nash, Smoak & Stewart,... on

DOL Rescinds Independent Contractor Rule. On May 6, 2021, the U.S. Department of Labor (DOL) issued a regulation rescinding its independent contractor rule, which was finalized on January 7, 2021, but never went into effect....more

DirectEmployers Association

OFCCP Week In Review: February 2020

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The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Bradley Arant Boult Cummings LLP

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

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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

Sheppard Mullin Richter & Hampton LLP

An Employer’s Erroneous Announcement To Employees Declaring Them Independent Contractors Does Not, Standing Alone, Violate The...

Sheppard Mullin Richter & Hampton LLP on

Does an employer who genuinely believes that its workers are independent contractors and tells them that they are contractors and not employees, only to later find out that it was wrong, violate Section 8(a)(1) of the...more

Bradley Arant Boult Cummings LLP

Recent Developments in the Battle of Independent Contractors vs. Employees

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We’ve posted on this topic several times before but the battle between independent contractors and employees continues. Here’s a brief refresher on the basics of why proper classification of employees as independent...more

Akerman LLP - HR Defense

The DOL and NLRB Agree: Gig Economy Workers Are Contractors, Not Employees

Akerman LLP - HR Defense on

According to recent guidance issued by the DOL and NLRB, workers in the so-called “gig,” on-demand,” or “sharing” economy are independent contractors, not employees....more

FordHarrison

Recent Labor Board Developments Focus on Independent Contractors and Joint Employers

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The National Labor Relations Board is continuing its rollback of progressive Obama-era decisions under the Trump administration. In recent years, the Board had uprooted several long established standards regarding the...more

Bricker Graydon LLP

Companies using independent contractors score big following NLRB ruling

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In a ruling with significance for companies using independent contractors, the National Labor Relations Board (NLRB) returned to its long-standing traditional common law test (see SuperShuttle DFW, Inc.)....more

Troutman Pepper

Another Reset Of NLRB’s Independent Contractor Test

Troutman Pepper on

On Jan. 25, 2019, the Republican-led National Labor Relations Board affirmed the acting regional director’s decision that drivers of a shared airport ride service were independent contractors, not employees, and therefore not...more

FordHarrison

Supershuttle Transports Independent Contractor Status into the Spotlight

FordHarrison on

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

Polsinelli

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

Polsinelli on

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

Seyfarth Shaw LLP

GC Memorandum 18-02 Suggests A More Sane Approach To Independent Contractors

Seyfarth Shaw LLP on

Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memorandum containing a broad overview of his initial agenda as General Counsel. It previews many anticipated...more

Constangy, Brooks, Smith & Prophete, LLP

15 For ’15: Employment And Labor Resolutions For The New Year

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While the year is still young, here are 15 New Year’s resolutions that employers may want to make: 1. Make sure your “independent contractors” are really independent contractors. ”Independent contractors” are under...more

Epstein Becker & Green

Take 5 Newsletter: Five Labor and Employment Issues Faced by Health Care Employers

Epstein Becker & Green on

As the Affordable Care Act and the challenges of reimbursement and funding for health care services drive changes in the health care delivery system and employment in the industry, new issues in labor and employment law are...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash (June 2014)

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In This Issue: - NLRB Recess Appointments Unconstitutional - SEC Brings First-Ever Employment Retaliation Claim - EEOC Challenges Employer Severance Agreements - New York State Transportation Industry...more

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