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Unfair Labor Practices Misclassification

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

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The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Quarles & Brady LLP

NLRB Takes Aim at Employers that Classify Workers as Independent Contractors

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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

Stinson LLP

Pay-for-Play: The Status of College Athletes as Employees

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In a potentially game-changing move, the National College Players Association (NCPA), filed an unfair labor practice charge with the National Labor Relations Board (NLRB or Board) Region 32 against the University of Southern...more

Brownstein Hyatt Farber Schreck

U.S. Department of Labor Issues Proposed Worker Classification Rule

Today, the U.S. Department of Labor’s (DOL) Wage and Hour Division announced the publication of a highly anticipated notice of proposed rulemaking (NPRM) on worker classification under the Fair Labor Standards Act (FLSA)....more

Fisher Phillips

FTC Sends Strong Antitrust Warning to Gig Economy Businesses

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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

Fisher Phillips

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

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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

Locke Lord LLP

NLRB Issues Unfair Labor Practice Complaint Alleging Misclassification of Independent Contractors Is a Stand-Alone Unfair Labor...

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Late last week, the National Labor Relations Board last week issued a Complaint and Notice of Hearing that could, if successful, make the act of misclassifying workers as independent contractors a violation of the National...more

Fisher Phillips

College Basketball Players Group Tips-Off Battle Over Student-Athlete Employment Status

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A nascent “advocacy” group just opened the first front in the newest battle over the status of collegiate student-athletes under the National Labor Relations Act. The College Basketball Players Association filed a one-line...more

Sheppard Mullin Richter & Hampton LLP

NLRB General Counsel Sets an Agenda to Reverse Trump-Era Board Policy

As we have previously reported, the National Labor Relations Board (“NLRB” or the “Board”) was likely to undergo substantial policy changes under President Biden. This process began when President Biden took the unprecedented...more

Fisher Phillips

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

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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

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

Bradley Arant Boult Cummings LLP

But We Tried to Do It Right! Stand-Alone Misclassification of Independent Contractor May Not Be a Violation

Recently, the National Labor Relations Board (NLRB) issued another pro-employer decision, resolving an issue at the forefront of employment law, independent contractor classification. In Velox Express, Inc. and Jeannie Edge,...more

Parker Poe Adams & Bernstein LLP

NLRB Says Worker Misclassification Does Not Violate Labor Act

Employers should realize by now that misclassification of employees as independent contractors can result in a host of legal problems. These include claims based on failure to withhold taxes, provide unemployment and Workers’...more

Sheppard Mullin Richter & Hampton LLP

An Employer’s Erroneous Announcement To Employees Declaring Them Independent Contractors Does Not, Standing Alone, Violate The...

Does an employer who genuinely believes that its workers are independent contractors and tells them that they are contractors and not employees, only to later find out that it was wrong, violate Section 8(a)(1) of the...more

White and Williams LLP

NLRB Hits Unions with One-Two Punch the Week Before Labor Day

The National Labor Relations Board (the Board) continues to modify the way employers, unions and employees view and relate to each other in the workplace. In two decisions right before Labor Day, the Board strengthened...more

Hinshaw & Culbertson LLP

NLRB Ruling: Simply Misclassifying Workers is Not an Unfair Labor Practice

The National Labor Relations Board (NLRB) continues to retreat from its previously expansive approach to what might be considered interference with Section 7 rights under the National Labor Relations Act (the "Act")....more

ArentFox Schiff

NLRB Rules Independent Contractor Misclassification Does Not Violate NLRA

ArentFox Schiff on

In a case of first impression, a divided panel of the National Labor Relations Board (NLRB or Board) ruled that the stand-alone misclassification of a worker as an independent contractor instead of an employee does not...more

Benesch

Misclassifying Workers Does Not Violate National Labor Relations Act

Benesch on

On August 29, 2019, the National Labor Relations Board (the “Board”) refused to extend the National Labor Relations Act (the “Act”) to create a new standalone violation under Section 8(a)(1). In Velox Express, Inc., 368 NLRB...more

Fisher Phillips

One Fewer Headache: NLRB Holds That Misclassification Won’t Lead To Labor Law Violations

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Chalk up in the win column for businesses. On August 29th, 2019, the National Labor Relations Board ruled that companies found to have misclassified workers as contractors will not automatically face liability for an unfair...more

Fisher Phillips

Misclassifying Workers No Longer Constitutes An Unfair Labor Practice

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Employers found to have misclassified employees as independent contractors will no longer face the prospect of unfair labor practice charges for such actions alone, according to a new ruling handed down yesterday by the...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

Locke Lord LLP

April and May 2018 Independent Contractor Misclassification and Compliance News Update

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The past two months were momentous for many companies that engage independent contractors in California to supplement their workforce or to interact with their customers. This applies not only to businesses based in...more

Jackson Lewis P.C.

Top Five Labor Law Developments For February 2018

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1.The National Labor Relations Board has vacated its decision in Hy-Brand Industrial Contractors, Ltd., 365 NLRB No. 156 (Feb. 26, 2018), and restored the Board’s union-friendly joint employer test set forth in...more

Foley & Lardner LLP

Liability for Employee Misclassification is on the NLRB’s Chopping Block

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The National Labor Relations Board (NLRB) has recently taken one step forward, two steps back in terms of providing certainty to employers that use independent contractors. On February 16, the NLRB invited briefing on the...more

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