News & Analysis as of September 21, 2024

Independent Contractors

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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 -

NLRB to Decide Whether Misclassification Is Standalone Violation of the NLRA

Sheppard Mullin Richter & Hampton LLP on 4/1/2022

The National Labor Relations Board (Board or NLRB) could reverse a 2019 decision holding that honest, albeit mistaken, classification decisions and announcements to employees do not violate the National Labor Relations Act...more

DOL and NLRB Memorandum of Understanding (MOU) May Cause Employer Headaches

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/7/2022

On January 6, 2022, the U.S. Department of Labor’s Wage and Hour Division (DOL/WHD) and the National Labor Relations Board (NLRB) announced a memorandum of understanding (MOU) between the agencies to share information,...more

One Fewer Headache: NLRB Holds That Misclassification Won’t Lead To Labor Law Violations

Fisher Phillips on 9/3/2019

Chalk up in the win column for businesses. On August 29th, 2019, the National Labor Relations Board ruled that companies found to have misclassified workers as contractors will not automatically face liability for an unfair...more

Financial Daily Dose 8.30.2019 | Top Story: E-cig Company Juul Faces Federal Probes into Marketing and Health Concerns

Robins Kaplan LLP on 8/30/2019

The FTC has opened a probe into e-cigarette maker Juul’s marketing practices, including allegations that the company “used influencers and other marketing to appeal to minors”....more

Employment Flash - April 2018

Skadden, Arps, Slate, Meagher & Flom LLP on 5/2/2018

This edition of Employment Flash looks at recent court decisions, including the U.S. Supreme Court's rulings on cases relating to the definition of a whistleblower and exemptions from the overtime pay provisions. This edition...more

March 2017: The 15 Biggest Labor And Employment Law Stories

Fisher Phillips on 4/11/2017

It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. March 2017 was another month...more

Workplace Policy Institute Insider Report — November 2016

Littler on 11/7/2016

Littler's Workplace Policy Institute Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The November edition of the Insider Report turns a spotlight on...more

NLRB Releases Advice Memorandum Affirming Misclassification Constitutes Unfair Labor Practice

Sheppard Mullin Richter & Hampton LLP on 9/30/2016

At the end August, the National Labor Relations Board released an advice memorandum, originally drafted in December 2015, concluding that a group of drivers who worked for a drayage company called Pacific 9 Transportation...more

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