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Misclassification The National Labor Relations Act Gig Economy

Foley & Lardner LLP

From the Pickup Line to the Picket Line: What Employers Need to Know About the Gig Economy Labor Movement

Foley & Lardner LLP on

The gig economy has emerged as a defining aspect of the modern workforce, transforming how people work, earn, and engage with employers. Unlike traditional full-time jobs, gig workers benefit from significant flexibility....more

Jenner & Block

Client Alert: Federal Trade Commission Announces New Partnership with Department of Labor

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On September 21, 2023, the Federal Trade Commission (FTC) announced a new memorandum of understanding (MOU) with the United States Department of Labor (DOL) to bolster the FTC’s efforts to protect workers.According to the...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

Genova Burns LLC

Entrepreneurial Opportunity Takes A Back Seat In Revised NLRB Test Of Employee Versus Independent Contractor Status

Genova Burns LLC on

On June 13, 2023, in a 3-1 decision, the NLRB overruled its own 2019 decision in SuperShuttle DFW and returned to the test of statutory employee status in its 2014 FedEx II decision which it terms carefully calibrated. In...more

Epstein Becker & Green

Biden NLRB Reverts to Obama Era Independent Contractor Test: Test Previously Rejected by DC Circuit

Epstein Becker & Green on

Shocking few NLRB observers, the National Labor Relations Board (NLRB), in The Atlanta Opera, Inc., Case 10-RC-276292, a 3-1 decision issued June 13, 2023, announced its modified standard for analyzing whether  workers are...more

Ballard Spahr LLP

NLRB’s Independent Contractor Test Shifts Back To Pre-Trump Standard

Ballard Spahr LLP on

Last week, the National Labor Relations Board (“Board”) issued a decision changing the legal standard it will use to determine whether workers are “employees” covered by the National Labor Relations Act (“NLRA”), or...more

CDF Labor Law LLP

NLRB Revives A More Stringent Standard For Independent Contractor Classification

CDF Labor Law LLP on

Consistent with other changes instituted by the National Labor Relations Board (NLRB) since President Joseph R. Biden took office, this past week, the Board reverted to the pre-Trump-era FedEx Home Delivery, 361 NLRB 610...more

Venable LLP

Wigging Out: The NLRB Overturns Another Trump-Era Test and Returns to a Stricter Independent Contractor Standard

Venable LLP on

On Tuesday, June 13, 2023, the National Labor Relations Board (NLRB or the “Board”) issued a decision that effectively increases the number of workers who are considered employees rather than independent contractors under the...more

Parker Poe Adams & Bernstein LLP

NLRB Narrows Definition of Independent Contractor Under Federal Labor Laws

On Tuesday, the National Labor Relations Board (NLRB) overturned a Trump-era precedent, changing the test used to determine whether workers seeking protection under federal labor laws are employees or independent contractors....more

Proskauer - Labor Relations Update

Third Act: NLRB Reinstates Employee-Friendly Independent Contractor Analysis under the NLRA

In a hotly-anticipated decision, The Atlanta Opera, Inc., 372 NLRB No. 95 (2023), the National Labor Relations Board (“NLRB” or “Board”) overturned the existing legal standard for determining whether a worker is an employee...more

Benesch

NLRB Reinstates Obama-Era Independent Contractor Test

Benesch on

On June 13, 2023, the National Labor Relations Board (NLRB) carried on with its trend of reversing Trump-era precedent. In its 3-1 decision, The Atlanta Opera, Inc., the NLRB overturned the Trump NLRB’s 2019 decision,...more

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

NLRB Modifies Independent Contractor Test

On June 13, 2023, the National Labor Relations Board (NLRB) overruled its 2019 independent contractor standard focused on whether workers have “entrepreneurial opportunity” and returned to a common law multi-factor analysis...more

Troutman Pepper Locke

NLRB Yet Again Seeks to Alter Test for Independent Contractor Status, But Does It Really ‎Make a Difference?‎

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Yesterday, June 13, 2023, the NLRB issued a lengthy decision in its Atlanta Opera case dealing with the applicable test for independent contractor status under the National Labor Relations Act (NLRA). This decision reversed...more

Fisher Phillips

What NLRB’s New Collaboration with Consumer Financial Agency Means for Gig Economy Businesses

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If your business relies on gig economy workers, you may want to review your policies on monitoring workers and requiring them to pay for training and equipment. That’s because the National Labor Relations Board (NLRB)...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

Epstein Becker & Green

#WorkforceWednesday: NLRB Outlook, NY Whistleblower Protections Take Effect, DOJ to Focus on Cyber-Fraud - Employment Law This...

This week, we’re focusing on what employers can expect from the National Labor Relations Board (NLRB) in 2022. The Biden NLRB: What to Expect in 2022 (see video attached) The NLRB is headed in a new direction this year...more

Sheppard Mullin Richter & Hampton LLP

NLRB Rings in the New Year by Inviting Briefing on Multiple, Far-Reaching Standards Impacting Employers

The National Labor Relations Board (the “NLRB” or “Board”) seemingly took very little time off during the holidays and in the last few weeks announced that it is seeking public input on whether to reconsider two significant...more

Proskauer - Labor Relations Update

NLRB Considers Abandoning Current Standard for Independent-Contractor or Employee Status

In what will have a significant impact on the employment status of “gig” economy workers under federal labor law, the National Labor Relations Board (“NLRB” or “Board”) seems poised to revert to a more worker-friendly...more

ArentFox Schiff

Class Actions Quarterly Update: Logistics

ArentFox Schiff on

Employee misclassification continues to be the largest source of class action litigation in the logistics industry. California Trucking Association v. Bonta May Head to the Supreme Court - Independent contract...more

Morgan Lewis

The PRO Act’s Changes to ‘Independent Contractor’ Status: Unraveling the US Economy

Morgan Lewis on

The Protecting the Right to Organize Act, or PRO Act (H.R. 842, S. 420), would make extensive changes in US labor laws, including the PRO Act’s reformulation of “independent contractor” status. This is not a mere technical...more

McDermott Will & Emery

AB 5 Contractor-Classification Battles Set to Heat Up in 2021

Employers grappling with independent-contractor classification had a busy 2020—and should expect a flurry of additional activity this year. Few areas in employment law are changing as rapidly. Last year, many concerned about...more

Holland & Knight LLP

Another Shift on Joint Employment and Independent Contractors

Holland & Knight LLP on

Four years ago, the question was raised of whether the then-incoming Trump Administration would reverse course on Obama Administration positions assailing the independent contractor model. Shortly thereafter, the U.S....more

Fisher Phillips

The Top 20 Non-COVID Workplace Law Stories Of 2020

Fisher Phillips on

That this past year was the most challenging year in your professional life is an almost certainty. You were forced to learn entirely new statutory schemes, absorb new local health directives on a near-daily basis, create a...more

Fisher Phillips

September 2020: The Top 16 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

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