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NLRB Departs from Employer-Friendly Independent Contractor Test

The National Labor Relations Board, in its decision in The Atlanta Opera, Inc., has modified its standard for determining whether a worker is an employee or independent contractor under the National Labor Relations Act (the...more

Civil Penalties May Be Coming To The National Labor Relations Act

If enacted into law, the so-called Build Back Better reconciliation package (“BBB”) will drastically expand the remedial power of the National Labor Relations Board (“NLRB”) effective January 1, 2022. The BBB incorporates...more

PRO Act: Congress Considers Fundamental Changes To Federal Labor Law

Congress may be on the cusp of passing legislation that would transform labor law in dramatic ways. This proposed law has potentially dire consequences for private-sector employers nationwide. The Protecting the Right to...more

Uber Drivers Are Contractors, Not Employees, NLRB Memo Says

Since the emergence of the “gig economy” in the last decade, courts and government agencies have grappled with the question of whether gig workers should be classified as employees or contractors. The answer to that question...more

NLRB Rules Joint Employer Test Hinges On Control Over Employment Terms

The National Labor Relations Board has ruled that the test for determining whether a joint employer relationship exists hinges on whether the entities have “direct and immediate control” over employment terms. In doing so,...more

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