News & Analysis as of

Unfair Labor Practices Section 7 Independent Contractors

Jackson Lewis P.C.

Winds of Change at NLRB: Employer Guide for Upcoming Trump Administration

Jackson Lewis P.C. on

Employers can expect a definite shift in the National Labor Relations Board under the new Trump Administration. Following President Joe Biden’s 2020 election, labor and employment law practitioners saw sweeping legal...more

Gould + Ratner LLP

Non-Compete Agreements Come Under More Fire

Gould + Ratner LLP on

On May 30, 2023, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memo advising NLRB regional directors that non-compete agreements generally infringe on employees’ rights under Section 7 of the...more

DarrowEverett LLP

Everything and the Kitchen Sink: The NLRB’s Labor-Friendly New Year’s Resolutions

DarrowEverett LLP on

Contrary to the expression’s limitations, the National Labor Relations Board (the Board”) set the tone for 2023 with some major Decisions which will essentially provide employees with not only the kitchen sink, but the walls...more

Morgan Lewis

New NLRB General Counsel Announces Enforcement Priorities as Employers Prepare for Return of Obama-Era Precedent

Morgan Lewis on

Newly confirmed National Labor Relations Board General Counsel Jennifer Abruzzo announced her enforcement priorities in a lengthy memorandum released on August 12, 2021. The memorandum requires employers to rethink their...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

Troutman Pepper Locke

NLRB Issues a Series of Employer-Friendly Decisions

Troutman Pepper Locke on

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

Troutman Pepper Locke

April and May 2018 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper Locke on

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

Seyfarth Shaw LLP

GC Memorandum 18-02 Suggests A More Sane Approach To Independent Contractors

Seyfarth Shaw LLP on

Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memorandum containing a broad overview of his initial agenda as General Counsel. It previews many anticipated...more

Seyfarth Shaw LLP

NLRB Assumes a Position on Employee Classification in the On-Demand Economy

Seyfarth Shaw LLP on

Seyfarth Synopsis: By filing a complaint against Postmates, Inc. challenging their arbitration waiver, the NLRB assumed that couriers for Postmates are employees, rather than independent contractors. Earlier this month,...more

Sheppard Mullin Richter & Hampton LLP

NLRB Releases Advice Memorandum Affirming Misclassification Constitutes Unfair Labor Practice

At the end August, the National Labor Relations Board released an advice memorandum, originally drafted in December 2015, concluding that a group of drivers who worked for a drayage company called Pacific 9 Transportation...more

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