News & Analysis as of October 12, 2024

Employee Definition

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The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

Employment Flash - March 2024

Skadden, Arps, Slate, Meagher & Flom LLP on 3/25/2024

In this issue of Employment Flash: the new DOL rule on independent contractors, SCOTUS’s unanimous Sarbanes-Oxley whistleblower ruling, plus labor law developments in California, Delaware, D.C., New York, the EU, Germany and...more

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

Butler Snow LLP on 6/19/2023

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

Going By the Handbook Can Be Employer’s Best Defense

DarrowEverett LLP on 2/9/2023

Businesses are always searching for new ways to reduce liability and insulate themselves from risk, but one of the easiest and least expensive tools is often the one most frequently overlooked. Creating, promulgating, and...more

The More Things Change, the More They Remain the Same: Worker Classification in the Gig Economy - Labor & Employment Newsletter

Bradley Arant Boult Cummings LLP on 10/22/2019

What Is the “Gig Economy”? The “gig economy” is the catchall term for an ever-growing range of temporary, flexible, autonomous work arrangements that are often enabled by technology platforms, such as websites or apps that...more

But We Tried to Do It Right! Stand-Alone Misclassification of Independent Contractor May Not Be a Violation

Bradley Arant Boult Cummings LLP on 9/26/2019

Recently, the National Labor Relations Board (NLRB) issued another pro-employer decision, resolving an issue at the forefront of employment law, independent contractor classification. In Velox Express, Inc. and Jeannie Edge,...more

An Employer’s Erroneous Announcement To Employees Declaring Them Independent Contractors Does Not, Standing Alone, Violate The...

Sheppard Mullin Richter & Hampton LLP on 9/6/2019

Does an employer who genuinely believes that its workers are independent contractors and tells them that they are contractors and not employees, only to later find out that it was wrong, violate Section 8(a)(1) of the...more

Recent Developments in the Battle of Independent Contractors vs. Employees

Bradley Arant Boult Cummings LLP on 6/19/2019

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

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