News & Analysis as of September 21, 2024

National Labor Relations Board › Wage and Hour › Sharing Economy

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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... 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 -

National Labor Relations Board Issues Decision Overruling Obama-Era Independent Contractor Test: What This Means For (Putative)...

Sheppard Mullin Richter & Hampton LLP on 2/1/2019

In a business-friendly decision issued on January 25, 2019, the National Labor Relations Board (“NLRB” or “Board”) revised its test for determining whether putative independent contractors are exempt from coverage under the...more

WPI Labor Day Report 2018

Littler on 9/4/2018

Almost two years into the new presidential administration, and with highly consequential and hotly debated mid-term elections around the corner, Littler’s Workforce Policy Institute’s Labor Day Report examines the state of...more

WPI Insider Briefing: Will the New Composition of Federal Agencies Effect Change?

Littler on 10/24/2017

Nine months into President Trump’s term, the pace of nominations and appointments to fill critical position within his administration is accelerating. Action on the nominations to the National Labor Relations Board (NLRB),...more

New Case Shows That “Uber-ization” of Workforce Could Lead to Misclassification Challenges

Fisher Phillips on 8/31/2017

Earlier this week, I wrote an article about a recent NLRB decision where the Board found a group of workers who provide video content services for the display board at Minnesota Timberwolves basketball games to be incorrectly...more

March 2017 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on 4/3/2017

The past month included significant state and federal appellate court decisions, large settlements of IC misclassification class actions, class and collective action certifications, and two IC misclassification class actions...more

January 2017 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on 2/6/2017

January was a busy month for independent contractor misclassification – and IC compliance. In addition to Lowe’s $2.85 million settlement with installers whom it classified as ICs, Lufthansa agreed to pay $1.1 million in...more

December 2016 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on 1/10/2017

In our update for last month’s developments in this area of the law, we report on five significant court cases involving companies in the transportation industry that use ICs as an integral part of their business model. Each...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

"Employment Flash - October 2016"

Skadden, Arps, Slate, Meagher & Flom LLP on 10/31/2016

Spotlight on Whistleblower Protections - On October 24, 2016, the Securities and Exchange Commission (SEC) issued a “risk alert” regarding SEC registrants’ compliance with Rule 21 F-17, which implements Section 21F of...more

August 2016 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on 9/9/2016

This month’s news update includes three initiatives by the U.S. Department of Labor to combat IC misclassification. The first was the issuance of a new page on the DOL website called “Misclassification Mythbusters.” We...more

July 2016 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on 8/8/2016

Four of the five independent contractor (IC) misclassification cases reported below from July 2016 illustrate how companies continue to fail to structure, document, and implement a business’s IC relationships in a manner that...more

April 2016 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on 5/9/2016

This past month involved the settlement of a number of high profile IC misclassification cases. In one case, a federal court gave conditional approval to a $226 million settlement between FedEx and its Ground Division...more

August 2015 Independent Contractor Compliance and Misclassification News Update

Troutman Pepper on 9/8/2015

August 2015 was not a vacation month for independent contractor cases. No less than seven major litigation events transpired this past month, highlighted by more of the same as well as some new developments. Several companies...more

New NLRB Ruling is Indicative of Significant Change in Federal Employment Law

Ervin Cohen & Jessup LLP on 9/4/2015

Since last Thursday, the Internet has been buzzing with news of the National Labor Relations Board’s decision in Browning-Ferris Industries of California, Inc., which held that a Silicon Valley recycling center was a “joint...more

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