News & Analysis as of August 18, 2025

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The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

Parting Wisdom: Outgoing Departments of Education and Justice Weigh In on NIL

Kaufman & Canoles on 2/6/2025

In the wake of the pending House settlement, the Third Circuit’s opinion in Johnson v. NCAA, and the NLRB’s push for athlete employment and unionization, the spotlight has predictably shifted to colleges and universities who...more

Eight Issues That Will Impact the Hospitality Industry in 2024

ArentFox Schiff on 2/16/2024

After seemingly bouncing back from the challenges posed by the COVID-19 pandemic and related labor, supply chain, and governmental mandate issues, the hospitality industry experienced a year of volatility in 2023, with...more

The Protecting the Right to Organize (PRO) Act Gains Momentum

Foley & Lardner LLP on 3/9/2021

U.S. House and Senate Democrats recently reintroduced the union-friendly Protecting the Right to Organize (PRO) Act of 2021. According to its sponsors, the PRO Act “restores fairness to the economy by strengthening the...more

NJ DOL Bills Uber $650M for Misclassified Drivers

Ballard Spahr LLP on 11/20/2019

The New Jersey Department of Labor (NJ DOL) billed Uber Technologies, Inc. and a subsidiary $650 million for past-due taxes, interest, and penalties due to an alleged misclassification of its drivers as independent...more

August and September 2019 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper Locke on 10/2/2019

There were several notable court and administrative cases over the past two months, but they were overshadowed by a legislative matter: the enactment of Assembly Bill 5 in California, which was the subject of our September...more

The DOL Seeks to Change the Tide

Robinson+Cole Manufacturing Law Blog on 7/3/2017

While local state and city governments have been working to expand the scope of workplace protections, the Federal government has begun “undoing” some of the aggressive advancements of the Obama Administration....more

April 2017 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper Locke on 5/8/2017

April was a red-hot month for independent contractor misclassification cases. We report below on 11 cases in the courts and two before administrative agencies involving...more

September 2016 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper Locke on 10/5/2016

The past month’s judicial and administrative activity in the area of IC misclassification reflects the wide range of industries facing these types of claims: communications; cleaning services; transportation and delivery...more

NLRB General Counsel Creates a “Misclassification-Plus” Unfair Labor Practice

Troutman Pepper Locke on 8/31/2016

On August 26, 2016, the National Labor Relations Board made public an Advice Memorandum from the NLRB’s Office of General Counsel regarding an unfair labor practice case arising in the context of independent contractor...more

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