News & Analysis as of September 25, 2024

Employee Definition

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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 -

Employer Whiplash: Federal Agencies Flip-Flop on Two Federal Employment Rules

Brownstein Hyatt Farber Schreck on 4/19/2024

While federal regulations and rules shift under new administrations frequently, recent events related to two important employment rules mean they revert to prior versions, potentially exposing employers to legal liability if...more

The Practical NLRB Advisor: Spring 2024

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/28/2024

The Spring 2024 edition of the Advisor is a compilation of good and bad news for employers. On the good news side, we discuss several current challenges to administrative agency authority in general, and the National Labor...more

Employment Flash - March 2024

Skadden, Arps, Slate, Meagher & Flom LLP on 3/25/2024

In this issue of Employment Flash: the new DOL rule on independent contractors, SCOTUS’s unanimous Sarbanes-Oxley whistleblower ruling, plus labor law developments in California, Delaware, D.C., New York, the EU, Germany and...more

March 2024 Employment Updates: New DOL Independent Contractor Rule Goes Into Effect, While NLRB Joint Employer Rule Vacated at the...

Arnall Golden Gregory LLP on 3/22/2024

On March 11, 2024, after many months of anticipation, the Department of Labor’s (“DOL”) final rule on independent contractor status went into effect. Meanwhile, on March 8, 2024, a revised joint employer rule announced by the...more

Texas Court Halts NLRB’s Proposed New Joint-Employer Rule

White and Williams LLP on 3/14/2024

On Friday, March 8, 2024, the Eastern District of Texas halted a new National Labor Relations Board (NLRB) joint-employer rule that would have taken effect on March 11, 2024. The new Joint-Employer Rule would have implemented...more

NLRB’s Joint Employer Rule Vacated

Akin Gump Strauss Hauer & Feld LLP on 3/14/2024

The National Labor Relations Act (NLRA) gives employees the right to unionize and imposes obligations on employers to collectively bargain with unions representing their employees. Failing to recognize those rights and...more

Who’s a Joint Employer Now? New NLRB Rule Drastically Expands Joint Employer Definition

Sheppard Mullin Richter & Hampton LLP on 11/17/2023

On October 26, 2023, the National Labor Relations Board (the “Board”) released a final rule which vastly broadens the standard for determining joint-employer status under the National Labor Relations Act (“NLRA”) and makes it...more

National Labor Relations Board Files Complaint against NCAA over Status of College Athletes

Franczek P.C. on 6/8/2023

On May 18, 2023, the National Labor Relations Board’s (NLRB) regional office in Los Angeles filed a complaint against the National Collegiate Athletic Association (NCAA), Pac-12 Conference, and the University of Southern...more

Pay-for-Play: The Status of College Athletes as Employees

Stinson LLP on 4/19/2023

In a potentially game-changing move, the National College Players Association (NCPA), filed an unfair labor practice charge with the National Labor Relations Board (NLRB or Board) Region 32 against the University of Southern...more

Democrat-led NLRB Eyes New Independent Contractor and Joint Employer Tests

Benesch on 1/10/2022

The Democrat-majority National Labor Relations Board readied for 2022 by announcing plans to confront two President Trump-era legal tests - one that determines whether an independent contractor is actually an employee...more

Early Changes for Employers and Employees

Skadden, Arps, Slate, Meagher & Flom LLP on 5/5/2021

A series of employment-related actions in President Biden’s first 100 days in office signal the likelihood of additional actions and legislative proposals. Employers should expect a decidedly pro-worker tilt....more

The Protecting the Right to Organize (PRO) Act Gains Momentum

Foley & Lardner LLP on 3/9/2021

U.S. House and Senate Democrats recently reintroduced the union-friendly Protecting the Right to Organize (PRO) Act of 2021. According to its sponsors, the PRO Act “restores fairness to the economy by strengthening the...more

Another Shift on Joint Employment and Independent Contractors

Holland & Knight LLP on 1/12/2021

Four years ago, the question was raised of whether the then-incoming Trump Administration would reverse course on Obama Administration positions assailing the independent contractor model. Shortly thereafter, the U.S....more

The Protecting the Right to Organize PRO Act of 2019: An Outline of its Proposed Labor Reforms

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/10/2020

On February 6, 2020, the House of Representatives passed H.R. 2474, The Protecting the Right to Organize Act of 2019 (PRO Act). The PRO Act would fundamentally alter federal labor law by dramatically tilting the playing field...more

Beltway Buzz - May 2019 #3

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/28/2019

Spring Regulatory Agenda Issued. On May 22, 2019, the Office of Information and Regulatory Affairs (OIRA) released the administration’s Spring 2019 Unified Agenda of Regulatory and Deregulatory Actions. Before diving into the...more

Recent Labor Board Developments Focus on Independent Contractors and Joint Employers

FordHarrison on 2/15/2019

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

Liability for Employee Misclassification is on the NLRB’s Chopping Block

Foley & Lardner LLP on 2/28/2018

The National Labor Relations Board (NLRB) has recently taken one step forward, two steps back in terms of providing certainty to employers that use independent contractors. On February 16, the NLRB invited briefing on the...more

The Practical NLRB Advisor: Issue 7 Fall 2017

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/14/2017

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the fall 2017 issue of the Practical NLRB Advisor. This issue considers how the confirmation of management-side attorney...more

The DOL Seeks to Change the Tide

Robinson+Cole Manufacturing Law Blog on 7/3/2017

While local state and city governments have been working to expand the scope of workplace protections, the Federal government has begun “undoing” some of the aggressive advancements of the Obama Administration....more

DOL: "Joint Employer" and "Independent Contractor" Guidance Out and Wage and Hour Opinion Letters In

Akerman LLP - HR Defense on 6/29/2017

On the heels of withdrawing published interpretations of the concepts of “joint employer” and “independent contractor,” the Secretary of Labor announced this week that it will reinstate the issuance of opinion letters....more

Shifting Sands Continue to Undermine Traditional Definitions of Employment

Smith Debnam Narron Drake Saintsing & Myers,... on 6/26/2017

On June 7, 2017, the Wage and Hour Division of the United States Department of Labor withdrew two Administrator’s Interpretations issued during the Obama administration that took a broad view of the employment relationship...more

2016/2017 Labor & Employment Observer

Cozen O'Connor on 1/12/2017

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer...more

September 2016 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on 10/5/2016

The past month’s judicial and administrative activity in the area of IC misclassification reflects the wide range of industries facing these types of claims: communications; cleaning services; transportation and delivery...more

Labor Day Hot Topics

Womble Bond Dickinson on 9/8/2015

Happy Labor Day 2015! In the spirit of the day, we thought it fitting to reflect on the three, hot topics that have been dominating the labor and employment news this summer, and which are certain to impact employers and...more

Do You Know Who Your Employees Are?

Foley & Lardner LLP on 7/3/2015

Employers are beginning to learn that they may have far more employees than they think. A driver for the ride sharing company Uber was considered an “employee” by the California Labor Commissioner’s Office earlier this month....more

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