News & Analysis as of November 15, 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 -

Losing for Winning: Dartmouth Basketball Team’s Ill-Fated Unionization Effort

Foley & Lardner LLP on 10/22/2024

The Dartmouth men’s basketball team is scheduled to tip-off its 2024-25 NCAA season. Not surprisingly, they will do so without a labor contract, notwithstanding the team’s historic vote last March to unionize under federal...more

Organized Labor Ups the Ante with Push to Turn Student-Athletes Into Employees

CDF Labor Law LLP on 8/22/2024

The ongoing battle to turn NCAA student-athletes into employees continued this week. As reported here early this year, in February, Laura Sacks, Regional Director of Region 1 of the National Labor Relations Board, issued a...more

Pay-for-Play: The Status of College Athletes as Employees

Stinson LLP on 4/19/2023

In a potentially game-changing move, the National College Players Association (NCPA), filed an unfair labor practice charge with the National Labor Relations Board (NLRB or Board) Region 32 against the University of Southern...more

The Saga Continues: Are Student Athletes Employees?

Bricker Graydon LLP on 3/27/2023

This question, once settled, has seen increased scrutiny in recent years both from the National Labor Relations Board and courts that have considered the issue.2 One of those courts – the Third Circuit Court of Appeals, which...more

The NLRB's Mandated Culture Change: Treat Athletes as Employees

Steptoe & Johnson PLLC on 2/23/2022

It is not easy to set aside many years of tradition and begin thinking of athletes as employees. But, for Division 1 schools, the day may have arrived. In October 2021, we issued an Alert in which we explained that the NLRB’s...more

NLRB General Counsel Sets an Agenda to Reverse Trump-Era Board Policy

Sheppard Mullin Richter & Hampton LLP on 8/20/2021

As we have previously reported, the National Labor Relations Board (“NLRB” or the “Board”) was likely to undergo substantial policy changes under President Biden. This process began when President Biden took the unprecedented...more

NLRB: Members Of Trade Group Are Not “Employees” Covered By The NLRA

Proskauer - Labor Relations Update on 9/24/2020

On September 11, 2020, a three-member National Labor Relations Board panel unanimously ruled that a trade group representing sign language interpreters did not violate Section 8(a)(1) of the Act by removing its members’ posts...more

The Protecting the Right to Organize PRO Act of 2019: An Outline of its Proposed Labor Reforms

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/10/2020

On February 6, 2020, the House of Representatives passed H.R. 2474, The Protecting the Right to Organize Act of 2019 (PRO Act). The PRO Act would fundamentally alter federal labor law by dramatically tilting the playing field...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

NLRB Hits Unions with One-Two Punch the Week Before Labor Day

White and Williams LLP on 9/5/2019

The National Labor Relations Board (the Board) continues to modify the way employers, unions and employees view and relate to each other in the workplace. In two decisions right before Labor Day, the Board strengthened...more

NLRB Ruling: Simply Misclassifying Workers is Not an Unfair Labor Practice

Hinshaw & Culbertson LLP on 9/4/2019

The National Labor Relations Board (NLRB) continues to retreat from its previously expansive approach to what might be considered interference with Section 7 rights under the National Labor Relations Act (the "Act")....more

NLRB Rules Independent Contractor Misclassification Does Not Violate NLRA

ArentFox Schiff on 9/4/2019

In a case of first impression, a divided panel of the National Labor Relations Board (NLRB or Board) ruled that the stand-alone misclassification of a worker as an independent contractor instead of an employee does not...more

Liability for Employee Misclassification is on the NLRB’s Chopping Block

Foley & Lardner LLP on 2/28/2018

The National Labor Relations Board (NLRB) has recently taken one step forward, two steps back in terms of providing certainty to employers that use independent contractors. On February 16, the NLRB invited briefing on the...more

GC Memorandum 18-02 Suggests A More Sane Approach To Independent Contractors

Seyfarth Shaw LLP on 12/19/2017

Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memorandum containing a broad overview of his initial agenda as General Counsel. It previews many anticipated...more

NLRB General Counsel Rescinds Controversial Memo Regarding Section 7 Rights Of University Faculty, Student Assistants, And...

Seyfarth Shaw LLP on 12/14/2017

Seyfarth Synopsis: On December 1, 2017, the newly-confirmed General Counsel of the National Relations Board, Peter Robb, issued a memorandum to the NLRB regional offices listing legal issues that should be submitted for...more

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National Labor Relations Board › Unfair Labor Practices › Employee Definition

Losing for Winning: Dartmouth Basketball Team’s Ill-Fated Unionization Effort

Organized Labor Ups the Ante with Push to Turn Student-Athletes Into Employees

Pay-for-Play: The Status of College Athletes as Employees

The Saga Continues: Are Student Athletes Employees?

The NLRB's Mandated Culture Change: Treat Athletes as Employees

NLRB General Counsel Sets an Agenda to Reverse Trump-Era Board Policy

NLRB: Members Of Trade Group Are Not “Employees” Covered By The NLRA

The Protecting the Right to Organize PRO Act of 2019: An Outline of its Proposed Labor Reforms

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

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

NLRB Hits Unions with One-Two Punch the Week Before Labor Day

NLRB Ruling: Simply Misclassifying Workers is Not an Unfair Labor Practice

NLRB Rules Independent Contractor Misclassification Does Not Violate NLRA

Liability for Employee Misclassification is on the NLRB’s Chopping Block

GC Memorandum 18-02 Suggests A More Sane Approach To Independent Contractors

NLRB General Counsel Rescinds Controversial Memo Regarding Section 7 Rights Of University Faculty, Student Assistants, And...

InterConnect FLASH! No. 64 - NLRB Rules against Employee Status for Menard’s Drivers

NLRB General Counsel Concludes Division I Scholarship Football Players are Employees under Labor Law

NLRB General Counsel Seeks To Regulate and Target Employers with Independent Contractors

NLRB General Counsel Creates a “Misclassification-Plus” Unfair Labor Practice

July 2016 Independent Contractor Misclassification and Compliance News Update

National Labor Relations Board › Unfair Labor Practices › Employee Definition

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