NLRB, Independent Contractors, Gig Economy

Cozen Currents: When Getting Rusty is a Good Thing

Cozen O'Connor on 6/5/2024

The Cozen Lens - •As much as the whole country can’t help but tune in to former President Trump’s guilty verdict, the fact is that the political ramifications only matter insofar as they may swing three states. •The Biden...more

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

Client Alert: Federal Trade Commission Announces New Partnership with Department of Labor

Jenner & Block on 2/5/2024

On September 21, 2023, the Federal Trade Commission (FTC) announced a new memorandum of understanding (MOU) with the United States Department of Labor (DOL) to bolster the FTC’s efforts to protect workers.According to the...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

NLRB Revives A More Stringent Standard For Independent Contractor Classification

CDF Labor Law LLP on 6/21/2023

Consistent with other changes instituted by the National Labor Relations Board (NLRB) since President Joseph R. Biden took office, this past week, the Board reverted to the pre-Trump-era FedEx Home Delivery, 361 NLRB 610...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 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

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 Modifies Independent Contractor Test

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/15/2023

On June 13, 2023, the National Labor Relations Board (NLRB) overruled its 2019 independent contractor standard focused on whether workers have “entrepreneurial opportunity” and returned to a common law multi-factor analysis...more

NLRB Revises Framework for Determining Independent Contractor Status under the National Labor Relations Act

FordHarrison on 6/14/2023

Executive Summary: The National Labor Relations Board’s (NLRB’s) recent decision in Atlanta Opera, Case 10– RC–276292 (June 13, 2023), revises the standard the Board will use to determine whether workers are employees or...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

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

Biden Administration Takes Action to Expand Definition of “Employee” and Protect Gig Workers

Quarles & Brady LLP on 10/21/2022

President Biden promised to deliver broader protections for employees, and the tide of executive branch action is now rolling in. Just recently, several executive branch agencies, as well as the National Labor Relations Board...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

Federal Trade Commission Focuses on Gig Work

Morgan Lewis on 9/23/2022

The Federal Trade Commission’s September 15 policy statement is the latest in a series of actions signaling the Commission’s continued focus on competition and labor issues in the gig economy. The policy statement—and the...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

The NLRB and FTC Agree to Collaborate: What This Means for Employers

Amundsen Davis LLC on 8/5/2022

If we were to tell you that the Federal Trade Commission (FTC) and National Labor Relations Board (NLRB) recently entered into a Memorandum of Understanding (MOU) “Regarding Information Sharing, Cross-Agency Training, and...more

Beltway Buzz - July 2022 #5

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/1/2022

Report on EEO-1 Data Confirms Flaws Yet Recommends Expansion. On July 28, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) released a report by the National Academies of Sciences, Engineering, and Medicine titled...more

National Labor Relations Board › Independent Contractors › Gig Economy

"My best business intelligence, in one easy email…"