NLRB, Uber, NLRA | JD Supra

NJ DOL Bills Uber $650M for Misclassified Drivers

Ballard Spahr LLP on 11/20/2019

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

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

Sheppard Mullin Richter & Hampton LLP on 7/3/2019

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

Top Five Labor Law Developments for May 2019

Jackson Lewis P.C. on 6/20/2019

Please contact a Jackson Lewis attorney if you have any questions about these developments. ©2019 Jackson Lewis P.C. This material is provided for informational purposes only. It is not intended to constitute legal advice nor...more

Uber Drivers Are Contractors, Not Employees, NLRB Memo Says

Fox Rothschild LLP on 6/20/2019

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

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

Foley & Lardner LLP on 6/11/2019

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

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

Obermayer Rebmann Maxwell & Hippel LLP on 6/6/2019

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

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

Laner Muchin, Ltd. on 6/6/2019

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

Employment Flash - May 2019

Skadden, Arps, Slate, Meagher & Flom LLP on 5/29/2019

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

NLRB General Counsel’s Office Says Uber Drivers are Independent Contractors

Saul Ewing LLP on 5/28/2019

Uber drivers are “independent contractors” and not “employees” under the National Labor Relations Act (“NLRA”), according to an Advice Memorandum issued on May 14, 2019, by the Office of the General Counsel (“OGC”) of the...more

NLRB Deals Another Blow to Gig Workers’ Rights Under NLRA

Cozen O'Connor on 5/24/2019

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

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

Constangy, Brooks, Smith & Prophete, LLP on 5/17/2019

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

March 2019: The Top 14 Labor And Employment Law Stories

Fisher Phillips on 4/10/2019

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

January 2019: The Top 16 Labor And Employment Law Stories

Fisher Phillips on 2/11/2019

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

NLRB Overturns 2014 Independent Contractor Test

Parker Poe Adams & Bernstein LLP on 2/4/2019

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

Employment Flash - September 2018

Skadden, Arps, Slate, Meagher & Flom LLP on 9/27/2018

This edition of the Employment Flash looks at the new Department of Labor directive regarding contractor compensation practices; recent NLRB developments, including a draft rule regarding joint employment; the rise of...more

Court Presses Pause On Uber Misclassification Cases, Awaiting SCOTUS Ruling On Class Waivers

Fisher Phillips on 10/10/2017

The 9th Circuit Court of Appeals recently placed a temporary halt on the ongoing misclassification litigation against Uber, pointing out that it would make sense to wait for a key Supreme Court decision before proceeding...more

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

Franczek P.C. on 9/27/2017

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

Arbitrator Must Rule on Independent Contractor Status of Uber Drivers in Class-Action Notwithstanding NLRA Bar to Class Action...

Franczek P.C. on 7/25/2017

Last week, a U.S. District Court Judge in Illinois ruled that an arbitration agreement signed by an Uber driver required arbitration on the issue of whether Uber drivers are employees or independent contractors before the...more

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