News & Analysis as of

National Labor Relations Board › Wage and Hour › Independent Contractors

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 -
Jackson Lewis P.C.

How Construction Employers Can Avoid Common Wage & Hour Claims

Jackson Lewis P.C. on

Employer wage and hour violations of the Fair Labor Standards Act (FLSA) and other applicable state laws are some of the most frequent in the construction industry. They are often the costliest an employer can make. However,...more

Brownstein Hyatt Farber Schreck

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

Brownstein Hyatt Farber Schreck on

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

Arnall Golden Gregory LLP

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

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

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your March To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Fenwick & West LLP

5 Practical Employment Tips You Need to Know for 2024

Fenwick & West LLP on

2023 was a seismic year for the employment landscape, with changes to state and federal laws that touch on hiring, firing, and just about everything in between. Members of Fenwick’s employment group recently walked through...more

Epstein Becker & Green

#WorkforceWednesday: DOL’s Final Rule on Worker Classification, NLRB Joint-Employer Rule Challenged, SpaceX Sues NLRB - Employment...

Epstein Becker & Green on

This week, we’re running down the U.S. Department of Labor’s (DOL’s) recently released final rule on worker classification under the Fair Labor Standards Act (FLSA), the challenges faced by the National Labor Relations...more

BakerHostetler

Snakes! And Other Things to Watch for in 2024, Contingent Workforce Edition

BakerHostetler on

When playing professional sports in Australia, you’d better watch out for snakes. A venomous red-bellied black snake was spotted on the field at an Australian Football League Women’s match earlier this year, causing an...more

Constangy, Brooks, Smith & Prophete, LLP

It’s an election year. Be careful out there.

Constangy, Brooks, Smith & Prophete, LLP on

It’s an election year. Be careful out there. “A long time ago, in a galaxy far, far away,” I represented labor unions. Actually, it was more like 30+ years ago and a few miles down I-85 in Atlanta. Just like that opening...more

McCarter & English, LLP

NLRB Establishes New Joint Employer Rule

McCarter & English, LLP on

The National Labor Relations Act (NLRA) governs private sector labor/management relations in the United States. Under the NLRA, employers have certain responsibilities and restrictions with regard to their employees,...more

Fox Rothschild LLP

NLRB Wants Employers to be Responsible for Contract, Franchise Workers

Fox Rothschild LLP on

In the latest of a string of decisions seemingly supporting President Biden’s claim of being the most pro-union president in history, the National Labor Relations Board (NLRB) this week issued its Final Rule on the Standard...more

Quarles & Brady LLP

NLRB Takes Aim at Employers that Classify Workers as Independent Contractors

Quarles & Brady LLP on

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

Seyfarth Shaw LLP

Policy Matters Newsletter - July 2023

Seyfarth Shaw LLP on

After Lengthy Confirmation Fight, Brace For Intrusive EEOC Action. On July 13, the Senate finally confirmed attorney Kaplana Kotagal — whom we have had numerous occasion to discuss in this space — to join the Equal Employment...more

Miles & Stockbridge P.C.

NLRB Independent Contractor Test Gives More Workers Union Organizing Rights

Miles & Stockbridge P.C. on

The National Labor Relations Board (“NLRB” or “the Board”) continued its course of reversing Trump-era law by issuing a decision last month that will make it easier for workers to establish “employee” – as opposed to...more

Fisher Phillips

Top Workplace Law Stories You May Have Missed from June 2023

Fisher Phillips on

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...more

Jackson Lewis P.C.

Lessons for Construction Industry in Labor Board’s New Test to Classify Independent Contractors

Jackson Lewis P.C. on

The National Labor Relations Board (NLRB) has made finding independent contractor status harder under the National Labor Relations Act. The Atlanta Opera, Inc., 372 NLRB No. 95 (2023). This decision may significantly affect...more

Epstein Becker & Green

Biden NLRB Reverts to Obama Era Independent Contractor Test: Test Previously Rejected by DC Circuit

Epstein Becker & Green on

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

Gould + Ratner LLP

NLRB Restores Employee-Friendly Independent Contractor Test

Gould + Ratner LLP on

On June 13, 2023, the National Labor Relations Board (NLRB) overruled the Trump-era decision that “entrepreneurial opportunity” is the animating principle of the test to determine whether a worker is an employee or...more

Ballard Spahr LLP

NLRB’s Independent Contractor Test Shifts Back To Pre-Trump Standard

Ballard Spahr LLP on

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

Fox Rothschild LLP

NLRB Departs from Employer-Friendly Independent Contractor Test

Fox Rothschild LLP on

The National Labor Relations Board, in its decision in The Atlanta Opera, Inc., has modified its standard for determining whether a worker is an employee or independent contractor under the National Labor Relations Act (the...more

Morgan Lewis

NLRB Returns to Pre-2019 Independent Contractor Standard Making It Easier for Workers To Be Considered Employees

Morgan Lewis on

In The Atlanta Opera Inc., the National Labor Relations Board once again changed the standard for determining independent contractor status under the National Labor Relations Act, returning  to its pre-2019 standard making it...more

DirectEmployers Association

OFCCP Week In Review: June 2023 #3

DirectEmployers Association on

Tuesday, June 13, 2023: U.S. NLRB Returned to Obama-Era Independent Contractor Standard for NLRA Coverage - Ruling Makes It Harder for Employers to Treat Workers as Independent Contractors - Decision Will Also Impact...more

Jackson Lewis P.C.

Labor Board Returns to 2014 Test for Determining Whether Individual Is Independent Contractor

Jackson Lewis P.C. on

The National Labor Relations Board has returned to its Obama-era standard for determining whether an individual is an independent contractor under the National Labor Relations Act. The Atlanta Opera, Inc., 372 NLRB No. 95...more

Seyfarth Shaw LLP

Dressing Up the Standard In a New Wardrobe: NLRB Decision Spells Curtains for Trump Board Independent Contractor Test

Seyfarth Shaw LLP on

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

Bond Schoeneck & King PLLC

The National Labor Relations Board: The Show Must Go On, But With a New Independent Contractor Test

Bond Schoeneck & King PLLC on

On June 13, 2023, the National Labor Relations Board (the Board), in its decision in the Atlanta Opera, Inc, brought back for an encore, its 2014 FedEx II standard for determining independent contractor status under the...more

Husch Blackwell LLP

NLRB Modifies Independent Contractor Test in Atlanta Opera Decision

Husch Blackwell LLP on

On June 13, 2023, the National Labor Relations Board (NLRB) issued its decision in Atlanta Opera, overruling the Trump-era SuperShuttle DFW, Inc. standard and reverting back to the Obama-era FedEx Home Delivery (FedEx II)...more

262 Results
 / 
View per page
Page: of 11
Next »

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

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide