A National Labor Relations Board (the “Board”) rule set to take effect on Monday, March 11 and slated to significantly expand the circumstances in which a company would be deemed a joint employer under the National Labor...more
On Friday night, March 8, a federal district court in Texas vacated the new National Labor Relations Board (NLRB) rule on joint employment. The rule was scheduled to take effect today, March 11....more
The National Labor Relations Act (NLRA) provides a host of labor-related rights for private-sector employees, including the right to form or join unions, the ability to compel employers to collectively bargain with the unions...more
The National Labor Relations Board has returned to its Obama-era standard for determining whether an individual is an independent contractor under the National Labor Relations Act. The Atlanta Opera, Inc., 372 NLRB No. 95...more
The sky is not falling. When the National Labor Relations Board (NLRB or Board) issued its Atlanta Opera decision on June 14, I read the decision. Then I read some of the commentary issued quickly by news outlets right...more
This edition of Employment Flash looks at developments in labor and employment law, including regarding a DOJ appeal of the EEOC's heightened pay reporting requirements, the NLRB's decision narrowing the circumstances under...more
On January 25, 2019, the National Labor Relations Board (NLRB) affirmed the Acting Regional Director’s determination that franchisees who drive for SuperShuttle are independent contractors, not statutory employees, and...more
• In SuperShuttle DFW, Inc., a National Labor Relations Board (NLRB, or Board) majority overruled its 2014 decision in FedEx Home Delivery and held that shuttle-van-driver franchisees of SuperShuttle at Dallas Fort Worth...more
On December 28, 2018, the D.C. Circuit issued its long-awaited decision regarding the National Labor Relations Board’s (NLRB) 2015 decision in Browning-Ferris Industries. Rather than bring clarity to the uncertainty and...more