News & Analysis as of September 24, 2024

Trucking Industry

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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 -

Beltway Buzz - February 2022 #2

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/14/2022

In a rare moment of bipartisanship - particularly in the labor and employment policy sphere - the U.S. Congress this week passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. The bill...more

Transportation Developments in Year 1 of the Trump Administration - President Touts New $1.5 Trillion Infrastructure Plan; A...

Holland & Knight LLP on 2/5/2018

In January 2017, Holland & Knight Transportation & Infrastructure lawyers and senior advisors prepared 20 posts for the 20 days leading to President Donald Trump's inauguration regarding what to expect from the Trump...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

Will Trump Administration Curb the Recent Targeting of Independent Contractors?

Holland & Knight LLP on 1/18/2017

A critical but unresolved issue for the motor carrier industry is the continuing viability of the independent contractor truck driver model, which is under siege by state and federal regulatory agencies as well as private...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

NLRB Issues Advice Memorandum Claiming That Misclassification of Employees as Independent Contractors Violates Section 8(a)(1) of...

Seyfarth Shaw LLP on 9/8/2016

Seyfarth Synopsis: In an advice memorandum issued on December 18, 2015, but just released to the public at the end of August, 2016, an Associate General Counsel of the National Labor Relations Board opined that an employer’s...more

NLRB General Counsel Seeks To Regulate and Target Employers with Independent Contractors

Seyfarth Shaw LLP on 9/1/2016

Seyfarth Synopsis: NLRB General Counsel releases an Advice Memorandum finding that the misclassification of independent contractors amounts to a standalone violation of Section 8(a)(1) of the NLRA....more

NLRB General Counsel Creates a “Misclassification-Plus” Unfair Labor Practice

Troutman Pepper on 8/31/2016

On August 26, 2016, the National Labor Relations Board made public an Advice Memorandum from the NLRB’s Office of General Counsel regarding an unfair labor practice case arising in the context of independent contractor...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

Is the NLRB Trying to Make Independent Contractor Misclassification an Unfair Labor Practice?

Troutman Pepper on 4/22/2016

A Regional Director for the NLRB issued an unfair labor practice complaint on April 18, 2016 alleging that a transportation company “has misclassified its employee-drivers as independent contractors, thereby inhibiting them...more

Employment Law - November 2014

Manatt, Phelps & Phillips, LLP on 11/21/2014

State Voters Pass Paid Sick Leave, Wage Increases - Why it matters: The polls have closed and the votes are in: The midterm elections will have a significant impact on employers across the country as voters in multiple...more

The New Union-Organizing Tool - Embarrassment

Fisher Phillips on 9/10/2014

Unions and other third parties have never before so heavily used public embarrassment as a means of organizing employees. The key to union organizing is to find a disgruntled employee who will serve as a leader and capitalize...more

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