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BakerHostetler

Common Bad Decisions Startups Make During the Romance Phase

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Entrepreneurs with sound business ideas commonly make decisions that hinder early growth and capitalization. During the “Romance Phase,” the idea for a new product or service is fully developed, the initial team of talent is...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

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

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

Fisher Phillips

Labor Board Returns to Stricter Independent Contractor Standard: 4 Things Employers Need to Know

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A highly anticipated decision by the National Labor Relations Board (NLRB) makes it significantly harder for companies to classify their workers as independent contractors. The Board’s June 13 decision in Atlanta Opera...more

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

Serbia’s New So-called 'Independence Test'

The latest amendments to the Law on Personal Income Tax in December 2019 introduced an obligation to apply and implement the so-called “independence test” for entrepreneurs....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?

Foley & Lardner LLP on

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

Spilman Thomas & Battle, PLLC

New Test or Old Test?: The NLRB and Independent Contractors

The National Labor Relations Board (the “NLRB”) began the year by again changing the test it uses to determine whether a worker is an independent contractor. The test is, however, not new. Instead, in SuperShuttle DFW, Inc....more

Fisher Phillips

January 2019: The Top 16 Labor And Employment Law Stories

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

Fisher Phillips

Latest Labor Board Decision A Step In The Right Direction, But Not A Magic Bullet

Fisher Phillips on

I recently wrote about the January 25 decision from the National Labor Relations Board that makes it easier for businesses to classify their workers as independent contractors (SuperShuttle DFW, Inc.). In a nutshell, now that...more

UB Greensfelder LLP

The NLRB Returns to a Business-Friendly Independent-Contractor Test

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Last week’s National Labor Relations Board (“NLRB”) ruling is good news for businesses that currently use or plan to use contract labor as part of their workforce. The Board returned to its traditional test for determining...more

Sheppard Mullin Richter & Hampton LLP

National Labor Relations Board Issues Decision Overruling Obama-Era Independent Contractor Test: What This Means For (Putative)...

In a business-friendly decision issued on January 25, 2019, the National Labor Relations Board (“NLRB” or “Board”) revised its test for determining whether putative independent contractors are exempt from coverage under the...more

Miller Canfield

More Workers Likely To Be Considered Independent Contractors and Not Employees, Under NLRB's New Ruling

Miller Canfield on

The National Labor Relations Board ("the Board") has revised the standard for determining who are independent contractors excluded from the National Labor Relations Act's ("the Act") protections, meaning more workers are...more

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

NLRB Decision Shines Spotlight on “Entrepreneurial Opportunity,” Returns to Prior Independent Contractor Analysis

On January 25, 2019, the National Labor Relations Board issued a decision friendly to businesses—particularly those operating in the gig economy—in SuperShuttle DFW, Inc., 367 NLRB No. 75 (2019). The Board’s decision marks a...more

Fisher Phillips

What Will A Governor Newsom Mean for California Employers?

Fisher Phillips on

While much of the attention this midterm election has been focused on Congress and federal issues - the “blue wave” and a “referendum” on the Trump presidency - California employers know all too well that employment and labor...more

Fisher Phillips

Women Love the Flexibility of Their Side Hustle—But Still Face Unequal Pay

Fisher Phillips on

Earlier this year, the founders of Ruby Ribbon, UrbanSitter, and BabyQuip created a multi-company survey of women who gig to learn more about their experiences and expectations. The study included survey results from over...more

Faegre Drinker Biddle & Reath LLP

Immigration and Employment Considerations for Startups and New U.S. Businesses

Whether launching an innovative startup or opening a new office in the U.S. for an established international business, employers should be aware of important immigration and compliance considerations. This article provides...more

Fisher Phillips

New ABC Test For Independent Contractors Sends California Employers Reeling

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The “ABC test” recently adopted by the California Supreme Court in the Dynamex Operations West, Inc. v. Superior Court case is now touted as the best way to make the distinction between an “exploited employee” and an...more

Fisher Phillips

Web Exclusive: January 2018: The Top 18 Labor And Employment Law Stories

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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 were an unprecedented number of changes each month in 2017—and if January is any...more

Littler

France's Department of Labor Issues Guidance on New Corporate Social Responsibility Obligations

Littler on

Following the introduction of new corporate social responsibility obligations for collaborative platforms towards independent workers, the French Department of Labor published guidance to clarify the scope of this...more

Kelley Drye & Warren LLP

Class Action Suits By Independent Contractors -- the Uber Class Certification Decision

In a closely-watched decision involving a challenge to the business model used by ride-hailing company Uber Technologies, Inc., a California federal judge agreed to certify a class of California drivers who claim to have been...more

Fisher Phillips

Australia – Examination of the Test to Determine Worker Status: Independent Contractor or Employee?

Fisher Phillips on

The Full Court of the Federal Court of Australia recently considered whether an agency contractor was an employee or an independent contractor in the case of Tattsbet Limited v. Morrow [2015] FCAFC 62. Overturning the lower...more

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