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National Labor Relations Board Gig Economy

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... more +
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 -
Cozen O'Connor

Cozen Currents: When Getting Rusty is a Good Thing

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The Cozen Lens - •As much as the whole country can’t help but tune in to former President Trump’s guilty verdict, the fact is that the political ramifications only matter insofar as they may swing three states. •The Biden...more

Dentons

Complex Laws Around Healthcare Employees Get More Complicated - Changes to Non-competes, Confidentiality, Independent Contractor,...

Dentons on

Employers have seen an enormous number of changes recently to various rules about how they manage their employee base. This includes a Notice of Proposed Rule Making by the Federal Trade Commission (FTC) in late 2023,...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

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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

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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

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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

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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

Seyfarth Shaw LLP

Dressing Up the Standard In a New Wardrobe: NLRB Decision Spells Curtains for Trump Board Independent Contractor Test

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Seyfarth Synopsis: In The Atlanta Opera, 372 NLRB 95 (2023), the National Labor Relations Board overturned Trump-era precedent by modifying its independent contractor test and returning to the test announced by the Obama...more

Venable LLP

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

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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

Littler

Third Try’s the Charm? National Labor Relations Board (Again) Narrows Definition of “Independent Contractor” Under the National...

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On June 13, 2023, the National Labor Relations Board (“NLRB” or “the Board”) issued its long-awaited decision in The Atlanta Opera, in which it overturned prior law (SuperShuttle DFW, Inc.) and reinstated a narrower test for...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

FordHarrison

NLRB Revises Framework for Determining Independent Contractor Status under the National Labor Relations Act

FordHarrison on

Executive Summary: The National Labor Relations Board’s (NLRB’s) recent decision in Atlanta Opera, Case 10– RC–276292 (June 13, 2023), revises the standard the Board will use to determine whether workers are employees or...more

Locke Lord LLP

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

Sheppard Mullin Richter & Hampton LLP

It’s Not Just the NLRB Watching You - NLRB Adds the Consumer Financial Protection Bureau to Its Ever Growing List of Interagency...

On March 7, 2023, the National Labor Relations Board (NLRB) and the Consumer Financial Protection Bureau (CFPB) signed a Memorandum of Understanding (“CFPB MOU”) that created a formal partnership between the two agencies. Per...more

Fisher Phillips

Top Workplace Law Stories You May Have Missed from March 2023

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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...more

Foley & Lardner LLP

NLRB Expands Focus to Worker Debt and Surveillance

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Last week, the National Labor Relations Board (NLRB) entered into an information sharing agreement with the Consumer Financial Protection Bureau (CFPB), intended to crack down on “employer-driven debt” as well as worker...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

Quarles & Brady LLP

Biden Administration Takes Action to Expand Definition of “Employee” and Protect Gig Workers

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President Biden promised to deliver broader protections for employees, and the tide of executive branch action is now rolling in. Just recently, several executive branch agencies, as well as the National Labor Relations Board...more

Fisher Phillips

The Top 16 Workplace Law Stories from September 2022

Fisher Phillips on

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

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

Beltway Buzz - September 2022 #3

OSHA Broadens Criteria for “Severe Violators.” On September 15, 2022, the Occupational Safety and Health Administration (OSHA) announced updates to its Severe Violator Enforcement Program (SVEP) to “broaden the program’s...more

Morgan Lewis

Federal Trade Commission Focuses on Gig Work

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The Federal Trade Commission’s September 15 policy statement is the latest in a series of actions signaling the Commission’s continued focus on competition and labor issues in the gig economy. The policy statement—and the...more

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