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Independent Contractors National Labor Relations Board Employees

Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent... more +
Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent contractor is not always an easy determination. However, due to differences in tax and liability treatment, misclassifying an employee as an independent contractor can have serious consequences. Autonomy is the defining feature of independent contractor arrangements. Independent contractors control the manner and method of how work is performed while payers control the desired result. Control over schedule and number of hours worked, ownership of equipment or tools, permanency of relationship, and acceptance of jobs from multiple entities are all possible factors in determining whether a worker is an employee or independent contractor.   less -
Seyfarth Shaw LLP

Restrictive Covenant Law For The First Four Months of 2025

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With the FTC Ban on non-competes essentially dead in the Courts of Appeal, various states and agencies have taken up the mantle to further limit or expand the use of restrictive covenants for certain populations in 2025....more

FordHarrison

EntertainHR: NLRB Love Is Blind Complaint May Radically Alter Reality Television

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As reality television enthusiasts prepare for the Season 8 premiere of Netflix’s Love is Blind this Valentine’s Day, the show’s producers are navigating a recent National Labor Relations Board complaint that could lead to...more

Saul Ewing LLP

NLRB Alleges that Reality TV Contestants Are “Employees” Subject to Labor Laws

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Earlier this month, the General Counsel of the National Labor Relations Board (NLRB) issued a consolidated complaint charging the producers of the popular Netflix show “Love is Blind” with unfair labor practices for their...more

Brooks Pierce

Counting Down to the New Year: Ten “Need-to-Know” Labor and Employment Developments of 2024

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2024 was yet another active year in the labor and employment landscape. While 2025 and the new administration could bring any number of changes to workplace laws and enforcement, the timing and extent of such changes is...more

Troutman Pepper Locke

Employers Beware: Worker Misclassification May Be Seen as Anticompetitive Conduct

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Speaking at the Global Competition Review: Law Leaders Global Summit last month, Commissioner Alvaro M. Bedoya of the Federal Trade Commission (FTC) argued that the FTC could — and should — combat worker misclassification...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - March 2024

In this issue of Employment Flash: the new DOL rule on independent contractors, SCOTUS’s unanimous Sarbanes-Oxley whistleblower ruling, plus labor law developments in California, Delaware, D.C., New York, the EU, Germany and...more

Arnall Golden Gregory LLP

March 2024 Employment Updates: New DOL Independent Contractor Rule Goes Into Effect, While NLRB Joint Employer Rule Vacated at the...

On March 11, 2024, after many months of anticipation, the Department of Labor’s (“DOL”) final rule on independent contractor status went into effect. Meanwhile, on March 8, 2024, a revised joint employer rule announced by the...more

Proskauer - Labor Relations Update

Chamber of Commerce Lawsuit Pushes Back NLRB Joint-Employer Rule Start Date Again

On February 22, 2024, a judge in the Eastern District Court of Texas issued a stay which will delay the effective start date of the National Labor Relations Board’s (“NLRB”) new joint-employer rule by 14 days, from February...more

Fenwick & West LLP

5 Practical Employment Tips You Need to Know for 2024

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2023 was a seismic year for the employment landscape, with changes to state and federal laws that touch on hiring, firing, and just about everything in between. Members of Fenwick’s employment group recently walked through...more

Mintz - Employment Viewpoints

Laws Impacting Employee Non-Competition, Non-Solicitation, and Non-Disclosure Agreements – What to Know, What to Do and What to...

Many employers experienced whiplash in 2023 from the flurry of judicial, administrative and legislative activity aimed at restricting the use of employee non-competition, non-solicitation, and non-disclosure agreements. Can...more

Proskauer - Labor Relations Update

U.S. Chamber Strikes Back At NLRB Joint-Employer Rule

On November 9, 2023, the United States Chamber of Commerce (“Chamber”) and a coalition of business groups filed suit in the Eastern District Court of Texas against the National Labor Relations Board (“NLRB”), alleging the...more

Clark Hill PLC

Clark Hill 2023 Automotive & Manufacturing Industry Outlook: Labor & Employment Update

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Federal Agencies and lawmakers will continue to be very active throughout 2023. Here are our top 5 tips for companies as we enter the second half of 2023....more

Seyfarth Shaw LLP

Policy Matters Newsletter - July 2023

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After Lengthy Confirmation Fight, Brace For Intrusive EEOC Action. On July 13, the Senate finally confirmed attorney Kaplana Kotagal — whom we have had numerous occasion to discuss in this space — to join the Equal Employment...more

Bradley Arant Boult Cummings LLP

Teach, Hit the Lab, Grade Some Papers and… Unionize? NLRB Rules That Private University Graduate Students Can Unionize

Are PhD students at a private university who also teach courses and grade papers – tasks that are a part of their development but also certainly assist the university – employees who can unionize? The NLRB said yes for a...more

Perkins Coie

NLRB Returns to the Obama-Era Standard for Independent Contractors

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The National Labor Relations Board (NLRB or the Board) issued a decision on June 16, 2023, returning to an Obama-era standard used to determine whether a worker is an employee or an independent contractor under the National...more

Mintz

Employee or Independent Contractor? Not so fast…

Mintz on

The National Labor Relations Board recently issued a decision finding that makeup artists, wig artists and hairstylists of The Atlanta Opera were in fact employees and not independent contractors. In rendering its decision...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - June 2023

New York, Minnesota and NLRB Act To Limit Noncompetes - New York Legislature Passes Bill To Ban Post-Employment Noncompetes - On June 20, 2023, the New York state Legislature passed a bill that bans post-employment...more

K&L Gates LLP

NLRB Imposes Stricter Independent Contractor Test on Employers

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Introduction - On 13 June 2023, the National Labor Relations Board held, in The Atlanta Opera, Inc., that it would return to a prior, employee-friendly standard for determining whether workers are employees or independent...more

Sheppard Mullin Richter & Hampton LLP

NLRB Overturns Standard for Independent Contractor Status Under the NLRA

On June 13, 2023, the National Labor Relations Board (the “Board” or “NLRB”) overturned another business-friendly Board decision in favor of a return to a more employee-favorable standard for determining if a worker is an...more

Steptoe & Johnson PLLC

NLRB Reverts to Tougher Contractor Standard

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On June 13, 2023, the National Labor Relations Board (NLRB) reconsidered its standard when determining whether workers are covered employees under the National Labor Relations Act or, instead, are independent contractors...more

DarrowEverett LLP

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

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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

McDermott Will & Schulte

[Webinar] LABOR & EMPLOYMENT 2023 LEGAL UPDATE - December 7th, 9:00 am - 10:30 am PST

Following a dynamic year that included a continually evolving legal landscape, employers are left with more questions than answers. During this in-depth discussion, we will unpack a number of new laws that will spring into...more

Sheppard Mullin Richter & Hampton LLP

NLRB to Decide Whether Misclassification Is Standalone Violation of the NLRA

The National Labor Relations Board (Board or NLRB) could reverse a 2019 decision holding that honest, albeit mistaken, classification decisions and announcements to employees do not violate the National Labor Relations Act...more

Perkins Coie

Labor Law Today—2021 Year in Review

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The Board’s composition changed significantly during 2021, switching from a Republican to a Democrat-appointed majority. The five seats on the Board are traditionally filled by two Democrats, two Republicans, and a chairman...more

Bradley Arant Boult Cummings LLP

US Regional Employment 2020: Tennessee - Chambers USA Regional Practice Guide

Law and Practice - The 2020 Chambers US Regional Employment Guide features guidance on employment law across 14 states and includes a unique state comparison tool for readers. The guide provides expert legal commentary on...more

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