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The National Labor Relations Act › Department of Labor (DOL) › Misclassification

The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.  less -
Troutman Pepper

Employers Beware: Worker Misclassification May Be Seen as Anticompetitive Conduct

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Speaking at the Global Competition Review: Law Leaders Global Summit last month, Commissioner Alvaro M. Bedoya of the Federal Trade Commission (FTC) argued that the FTC could — and should — combat worker misclassification...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

Epstein Becker & Green

#WorkforceWednesday: DOL’s Final Rule on Worker Classification, NLRB Joint-Employer Rule Challenged, SpaceX Sues NLRB - Employment...

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This week, we’re running down the U.S. Department of Labor’s (DOL’s) recently released final rule on worker classification under the Fair Labor Standards Act (FLSA), the challenges faced by the National Labor Relations...more

Constangy, Brooks, Smith & Prophete, LLP

It’s an election year. Be careful out there.

Constangy, Brooks, Smith & Prophete, LLP on

It’s an election year. Be careful out there. “A long time ago, in a galaxy far, far away,” I represented labor unions. Actually, it was more like 30+ years ago and a few miles down I-85 in Atlanta. Just like that opening...more

PilieroMazza PLLC

Clocking in with PilieroMazza: The NLRB Strikes Again: Reasons to Revisit Independent Contractor Classifications

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Do you have 10 minutes or less to stay on top of the ever-changing laws and regulations around labor and employment? Check out PilieroMazza‘s new podcast “Clocking in with PilieroMazza: Labor and Employment News for...more

Dorsey & Whitney LLP

What is the current standard used by the National Labor Relations Board to determine if a worker is an employee or an independent...

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Each government agency has set its own standard for determining whether a worker is properly classified as an employee or an independent contractor.  Employers need to take into account the tests used by different federal...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

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

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

Ward and Smith, P.A.

Stronger Together: Labor and Employment Update

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In a seminar focused on recent updates to labor and employment laws, Will Oden, of Ward and Smith’s labor and employment practice group, provided an overview of employee and independent contractor classification guidelines,...more

Brooks Pierce

Checking In: Wage Law Classification and Increased Litigation

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Amidst the rollercoaster of the last few years, it can be tempting to take for granted many of the workplace challenges that predated COVID-19. Many of those timeless employment law issues, however, have resurfaced with a...more

Husch Blackwell LLP

Biden's NLRB Targeting Employee Misclassification as Independent ULP

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The National Labor Relations Act (Act) protects employees’ right to unionize (and not unionize), and to engage in other “protected concerted activity.” These are basic rights guaranteed to employees under Section 7 of the...more

Benesch

A Powerful “One-Two” Punch: NLRB and DOL Signal Contractor Classification Crackdown

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Transportation providers would do well to pay close attention to twin developments unfolding before the NLRB and the DOL that could have a very detrimental effect on those providers who use independent contractors as drivers,...more

Epstein Becker & Green

#WorkforceWednesday: NLRB Outlook, NY Whistleblower Protections Take Effect, DOJ to Focus on Cyber-Fraud - Employment Law This...

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This week, we’re focusing on what employers can expect from the National Labor Relations Board (NLRB) in 2022. The Biden NLRB: What to Expect in 2022 (see video attached) The NLRB is headed in a new direction this year...more

U.S. Equal Employment Opportunity Commission...

U.S. Department of Labor, National Labor Relations Board, U.S. Equal Employment Opportunity Commission Align to End Retaliation,...

U.S. Equal Employment Opportunity Commission... on

Joint Initiative Launches With Online Dialogue Nov. 17 - WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC), the U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB) today...more

Sheppard Mullin Richter & Hampton LLP

U.S. Department of Labor Announces Withdrawal of Trump-Era Independent Contractor Rule

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On May 5, 2021, the U.S. Department of Labor (“DOL”) announced it is officially withdrawing, effective May 6, 2021, the rule promulgated under the Trump administration addressing the standard to determine whether an...more

Holland & Knight LLP

Another Shift on Joint Employment and Independent Contractors

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Four years ago, the question was raised of whether the then-incoming Trump Administration would reverse course on Obama Administration positions assailing the independent contractor model. Shortly thereafter, the U.S....more

Fisher Phillips

September 2020: The Top 16 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 have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

July 2020: The Top 17 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 have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

The Top Non-COVID Workplace Law Stories You May Have Missed: May 2020

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While you have been primarily focused on COVID-19-related matters for the past few months, that doesn’t the world of labor and employment law has taken a timeout. While the pace of new developments has slowed somewhat, there...more

Fisher Phillips

Top 50 Workplace Law Stories Of 2019

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It’s hard to keep up with the news these days. It sometimes feels like you can’t step away from your phone, computer, or TV for more than an hour or so without a barrage of new information hitting the headlines—and you’re...more

K&L Gates LLP

Working Wise – Volume 3

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1. CALIFORNIA LABOR LAW EXTENDS WAGE AND BENEFIT PROTECTIONS TO STATE’S GIG ECONOMY WORKERS - Workers in California’s “gig” economy – comprised of temporary positions, short-term engagements and independent contractors...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - September 2019

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This edition of Employment Flash looks at a series of recent NLRB decisions, many of which apply to all employers, not just those with unionized employees. We also discuss other U.S. federal and state labor and...more

Bradley Arant Boult Cummings LLP

Recent Developments in the Battle of Independent Contractors vs. Employees

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We’ve posted on this topic several times before but the battle between independent contractors and employees continues. Here’s a brief refresher on the basics of why proper classification of employees as independent...more

Troutman Pepper

Two Federal Agencies Make It Easier to Establish Independent Contractor Status

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Recently, both the U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB) issued documents supporting independent contractor status, evidencing the more pro-employer stance of the Trump administration as...more

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