News & Analysis as of September 13, 2024

Employee Definition

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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 Practical NLRB Advisor: Spring 2024

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/28/2024

The Spring 2024 edition of the Advisor is a compilation of good and bad news for employers. On the good news side, we discuss several current challenges to administrative agency authority in general, and the National Labor...more

Democrat-led NLRB Eyes New Independent Contractor and Joint Employer Tests

Benesch on 1/10/2022

The Democrat-majority National Labor Relations Board readied for 2022 by announcing plans to confront two President Trump-era legal tests - one that determines whether an independent contractor is actually an employee...more

DOL: "Joint Employer" and "Independent Contractor" Guidance Out and Wage and Hour Opinion Letters In

Akerman LLP - HR Defense on 6/29/2017

On the heels of withdrawing published interpretations of the concepts of “joint employer” and “independent contractor,” the Secretary of Labor announced this week that it will reinstate the issuance of opinion letters....more

Shifting Sands Continue to Undermine Traditional Definitions of Employment

Smith Debnam Narron Drake Saintsing & Myers,... on 6/26/2017

On June 7, 2017, the Wage and Hour Division of the United States Department of Labor withdrew two Administrator’s Interpretations issued during the Obama administration that took a broad view of the employment relationship...more

2016/2017 Labor & Employment Observer

Cozen O'Connor on 1/12/2017

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer...more

September 2016 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on 10/5/2016

The past month’s judicial and administrative activity in the area of IC misclassification reflects the wide range of industries facing these types of claims: communications; cleaning services; transportation and delivery...more

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