News & Analysis as of

Unfair Labor Practices Gig Economy

Hinch Newman LLP

First Case Where FTC Charges Company in Gig Economy With Violating the Business Opportunity Rule

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On July 2, 2024, the Federal Trade Commission announced that it is taking action against a gig work company for allegedly misleading consumers about the money they could make on the company’s platform and marketing its...more

King & Spalding

FTC and DOL Memorandum of Understanding Increases Agency Tools for Aggressive Enforcement

King & Spalding on

The Federal Trade Commission (FTC) and Department of Labor (DOL, together “the Agencies”) signed a Memorandum of Understanding (MOU) to join forces to combat anticompetitive practices in the labor market. Under the MOU, the...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

Littler

Littler Lightbulb – March Employment Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment and labor law developments at the U.S. Supreme Court and federal courts of appeal over the last month....more

Fisher Phillips

FTC Sends Strong Antitrust Warning to Gig Economy Businesses

Fisher Phillips on

The Federal Trade Commission just announced that it will put gig economy businesses in its crosshairs by cracking down on worker misclassification and other alleged antitrust misdeeds – the second such attack by the same...more

Amundsen Davis LLC

The NLRB and FTC Agree to Collaborate: What This Means for Employers

Amundsen Davis LLC on

If we were to tell you that the Federal Trade Commission (FTC) and National Labor Relations Board (NLRB) recently entered into a Memorandum of Understanding (MOU) “Regarding Information Sharing, Cross-Agency Training, and...more

Perkins Coie

NLRB and FTC Jointly Issue MOU on Information Sharing, Training, and Outreach

Perkins Coie on

The National Labor Relations Board (NLRB) and the Federal Trade Commission (FTC), on July 19, 2022, jointly issued a memorandum of understanding (MOU) regarding information sharing, cross-agency training, and outreach of...more

BakerHostetler

FTC and DOJ MOUs with NLRB Reflect the Administration’s Ongoing Focus on Restrictive Labor Relationships and the Gig Economy

BakerHostetler on

Last week, the Federal Trade Commission (FTC) and the National Labor Relations Board (NLRB) announced that the agencies had entered into a new Memorandum of Understanding (MOU). The FTC press release touted the MOU as a big...more

Fisher Phillips

New Collaboration Between Federal Agencies Spells Antitrust Trouble for Gig Economy – or Any Business with Independent Contractors

Fisher Phillips on

Two federal agencies just announced plans to join forces and scrutinize business arrangements involving independent contractors, among others, to determine whether there are antitrust concerns – a troubling sign for gig...more

Cozen O'Connor

NLRB and FTC Forge Partnership to Protect Workers

Cozen O'Connor on

With the execution of an innovative Memorandum of Understanding (MOU), the National Labor Relations Board and the Federal Trade Commission have joined forces in a partnership intended to leverage the capabilities of both...more

Wilson Sonsini Goodrich & Rosati

FTC and NLRB Join Forces to Enforce Antitrust Laws in U.S. Labor Markets

On July 19, 2022, the Federal Trade Commission (FTC) and the National Labor Relations Board (NLRB) announced they were joining forces to “bolster the FTC's efforts to protect workers by promoting competitive U.S. labor...more

Venable LLP

FTC Joins Forces with NLRB to Further Its Gig Economy and Worker Protection Agenda

Venable LLP on

We recently discussed the various ways in which the Federal Trade Commission is focusing on worker protections in the gig economy. Though we didn’t have a crystal ball to foresee it, the FTC announced that it is furthering...more

King & Spalding

What Employers Should Expect Under the Biden Administration

King & Spalding on

The Biden Administration has made it clear that it will make significant changes to the American workplace, including expansion of and increased regulation of workers’ rights. One of the areas of particular focus for...more

Littler

PRO Act Would Upend U.S. Labor Laws for Non-Union and Unionized Employers Alike

Littler on

On February 4, 2021, House and Senate Democrats introduced the Protecting the Right to Organize (PRO) Act.  Introduction was expected, as President Biden pledged to be “the strongest labor president you have ever had” during...more

Fisher Phillips

San Francisco Files Misclassification Lawsuit Against DoorDash And Promises More Litigation Is To Come

Fisher Phillips on

San Francisco ratcheted up the pressure on California gig economy companies by not only filing a misclassification lawsuit against DoorDash, but promising that more such litigation was to come against other companies. Upon...more

Proskauer - Labor Relations Update

Congress Passes Labor-Friendly “PRO Act”

On Thursday, February 6, 2020 the U.S. House of Representatives passed the Protecting the Right to Organize Act, also known as the “PRO Act”. The legislation passed mostly along party lines, would provide sweeping changes to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Protecting the Right to Organize PRO Act of 2019: An Outline of its Proposed Labor Reforms

On February 6, 2020, the House of Representatives passed H.R. 2474, The Protecting the Right to Organize Act of 2019 (PRO Act). The PRO Act would fundamentally alter federal labor law by dramatically tilting the playing field...more

FordHarrison

California Attempts to Weed Out Unfair Labor Practices at the State Level by Enacting Union-Friendly Regulation on Employers in...

FordHarrison on

As the cannabis industry has rapidly progressed over the years, states such as New York, New Jersey and Illinois have begun to implement legislation that encourages employers to engage in labor peace agreements with unions....more

Troutman Pepper

NLRB Issues a Series of Employer-Friendly Decisions

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Q.  I heard there have been some significant National Labor Relations Board decisions recently. What do I need to know about them? ...more

Obermayer Rebmann Maxwell & Hippel LLP

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

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

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