News & Analysis as of

Entrepreneurs Employer Liability Issues

Morgan Lewis

Eleventh Circuit: Grant Program for Black Female Entrepreneurs Is Likely Unlawful

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The Eleventh Circuit handed down a decision on June 3 overturning the district court’s denial of a preliminary injunction in American Alliance for Equal Rights v. Fearless Fund. In a two-to-one decision, the majority decided...more

DarrowEverett LLP

Entrepreneurial Success Begins By Navigating Key Legal Lessons

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As often as we hear of the success stories of entrepreneurs, we are not always as privy to the many behind-the-scenes challenges they face. We may hear even less about the legal framework guiding their entrepreneurial dreams....more

Arnall Golden Gregory LLP

AGG Talks: Cross-Border Business — Episode 6: Immigration Insights for Companies Expanding Into the U.S. - Part 2

In this two-part episode, Mike Burke, AGG Corporate partner and co-leader of the firm’s international initiative, is joined by Teri Simmons, director of AGG’s International/Immigration practice, to discuss immigration matters...more

Weintraub Tobin

Podcast: California Employment News - The Employment Start-Up Kit for Start-Ups – Part 2

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When starting a business, there are many common employment issues to consider. Join Weintraub attorneys Meagan Bainbridge and Ryan Abernethy in Part Two of their Employment Start-Up Kit for Start-Ups series for California...more

Weintraub Tobin

California Employment News: The Employment Start-Up Kit for Start-Ups – Part 2

Weintraub Tobin on

When starting a business, there are many common employment issues to consider. Join Weintraub attorneys Meagan Bainbridge and Ryan Abernethy in Part Two of their Employment Start-Up Kit for Start-Ups series for California...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

Miles & Stockbridge P.C.

NLRB Independent Contractor Test Gives More Workers Union Organizing Rights

The National Labor Relations Board (“NLRB” or “the Board”) continued its course of reversing Trump-era law by issuing a decision last month that will make it easier for workers to establish “employee” – as opposed to...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - June 2023

New York, Minnesota and NLRB Act To Limit Noncompetes - New York Legislature Passes Bill To Ban Post-Employment Noncompetes - On June 20, 2023, the New York state Legislature passed a bill that bans post-employment...more

Seyfarth Shaw LLP

DOL’s Proposed FLSA Independent Contractor Rule: Investment as Indicative of Profit and Loss

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Seyfarth Synopsis: This latest installment in our series on the Department of Labor’s proposed independent contractor rule under the Fair Labor Standards Act focuses on proposed changes to the profit-or-loss analysis as it...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

Butler Snow LLP

Atlanta Opera: The NLRB Faces the Independent Contractor Music Once More

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On June 13, 2023, the National Labor Relations Board (NLRB) released a decision, referred to as Atlanta Opera Inc. (372 NLRB No. 95), that marks a shift in the applicable test for whether a worker qualifies as an independent...more

Steptoe & Johnson PLLC

NLRB Reverts to Tougher Contractor Standard

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On June 13, 2023, the National Labor Relations Board (NLRB) reconsidered its standard when determining whether workers are covered employees under the National Labor Relations Act or, instead, are independent contractors...more

Littler

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

Littler on

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

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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

Orrick, Herrington & Sutcliffe LLP

OLNS#3 – Employment Law for Tech Companies (relaunched edition)

Young technology companies are focused on developing their products and bringing VC investors on board. Every euro in the budget counts, personnel is often limited, and legal advice can be expensive. For these reasons, legal...more

Sheppard Mullin Richter & Hampton LLP

Visa Checklist for Employers, Entrepreneurs and Investors

Hiring the right talent can maximize the success of your company, and sometimes hiring a foreign national on a work visa is essential. We have prepared this overview of U.S. visas to help you and your company better...more

Orrick, Herrington & Sutcliffe LLP

Founder Series: Top Tips to Follow When Building Your Team

When setting up and growing your company, one of the first priorities will be hiring your first employees and building your core team – a requisite for long-term strategic growth. In the second instalment of Orrick's Founder...more

Hogan Lovells

Een leven lang leren - Nieuw scholingsbudget voor werknemers, ondernemers en werkzoekenden

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De Nederlandse regering heeft aangekondigd dat vanaf 1 maart 2022 zowel werknemers, ondernemers, als werkzoekenden, die een band hebben met de Nederlandse arbeidsmarkt bij het UWV een budget kunnen aanvragen; het STAP-budget....more

Hogan Lovells

Lifelong learning - Netherlands: new training budget for employees, entrepreneurs and job seekers

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The Dutch government has announced that as of 1 March 2022, employees, entrepreneurs and job seekers who have a link to the Dutch labour market can apply for a budget, the so-called "STAP budget"....more

Cozen O'Connor

Should My Company Have Independent Contractors or Employees?

Cozen O'Connor on

Of all the challenges an entrepreneur will face during the life cycle of a venture, one of the most difficult is attracting and retaining talent. Not only do entrepreneurs need to determine how to compensate and incentivize...more

Chambliss, Bahner & Stophel, P.C.

Hot Topics for Startup Employers

Employers today face constant hurdles in their day-to-day operations, and startups are no different. The liability for employment violations is not limited to large manufacturers or businesses; emerging businesses and...more

Fisher Phillips

Independent Contractor Rules Rewritten In California

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The California legislature yesterday approved a controversial new law that will reshape the way businesses across the state classify workers. While supporters of the bill have emphasized its impact on independent contractors,...more

Foley & Lardner LLP

Entrepreneurial Opportunity and Control - Two Sides of the Same Coin?

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The National Labor Relations Board (NLRB) has once again weighed in on the proverbial employee-independent contractor issue, this time by way of its General Counsel. On April 16, 2019, the General Counsel’s office issued an...more

Proskauer - Labor Relations Update

NLRB Office of the General Counsel Advises that Uber Drivers Are Not Statutory “Employees”

In an Advice Memorandum dated April 16, 2019, but released on May 14, 2019, the NLRB’s General Counsel staked out a position in one of the most contentious and influential questions in labor and employment law today: Whether...more

WilmerHale

Four Things Every Smart Startup Should Do as It Scales

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Your startup began as “four smart people with laptops and a vision.” Fast-forward a few years and it’s a bona fide business with investors, employees, and a snappy logo. Stay on this path, and signs are good that you’ll...more

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