News & Analysis as of October 12, 2024

Misclassification

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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 -

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

Fisher Phillips on 7/18/2024

The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

NLRB Takes Aim at Employers that Classify Workers as Independent Contractors

Quarles & Brady LLP on 8/4/2023

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

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 NLRB and FTC Agree to Collaborate: What This Means for Employers

Amundsen Davis LLC on 8/5/2022

If we were to tell you that the Federal Trade Commission (FTC) and National Labor Relations Board (NLRB) recently entered into a Memorandum of Understanding (MOU) “Regarding Information Sharing, Cross-Agency Training, and...more

New Collaboration Between Federal Agencies Spells Antitrust Trouble for Gig Economy – or Any Business with Independent Contractors

Fisher Phillips on 7/27/2022

Two federal agencies just announced plans to join forces and scrutinize business arrangements involving independent contractors, among others, to determine whether there are antitrust concerns – a troubling sign for gig...more

NLRB Issues Unfair Labor Practice Complaint Alleging Misclassification of Independent Contractors Is a Stand-Alone Unfair Labor...

Locke Lord LLP on 3/23/2022

Late last week, the National Labor Relations Board last week issued a Complaint and Notice of Hearing that could, if successful, make the act of misclassifying workers as independent contractors a violation of the National...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 Issues a Series of Employer-Friendly Decisions

Troutman Pepper on 10/18/2019

Q. I heard there have been some significant National Labor Relations Board decisions recently. What do I need to know about them? ...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

NLRB Says Worker Misclassification Does Not Violate Labor Act

Parker Poe Adams & Bernstein LLP on 9/11/2019

Employers should realize by now that misclassification of employees as independent contractors can result in a host of legal problems. These include claims based on failure to withhold taxes, provide unemployment and Workers’...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

Misclassifying Workers Does Not Violate National Labor Relations Act

Benesch on 9/3/2019

On August 29, 2019, the National Labor Relations Board (the “Board”) refused to extend the National Labor Relations Act (the “Act”) to create a new standalone violation under Section 8(a)(1). In Velox Express, Inc., 368 NLRB...more

One Fewer Headache: NLRB Holds That Misclassification Won’t Lead To Labor Law Violations

Fisher Phillips on 9/3/2019

Chalk up in the win column for businesses. On August 29th, 2019, the National Labor Relations Board ruled that companies found to have misclassified workers as contractors will not automatically face liability for an unfair...more

Misclassifying Workers No Longer Constitutes An Unfair Labor Practice

Fisher Phillips on 8/30/2019

Employers found to have misclassified employees as independent contractors will no longer face the prospect of unfair labor practice charges for such actions alone, according to a new ruling handed down yesterday by the...more

UBER Update: NLRB Advice Memo Reaffirms the “Entrepreneurial Opportunity” Test for Independent Contractors

Obermayer Rebmann Maxwell & Hippel LLP on 6/6/2019

The “gig economy” has prompted a nationwide debate about which workers should be deemed employees (and therefore entitled to certain rights and benefits under labor and employment laws) as opposed to independent contractors. ...more

Top Five Labor Law Developments For February 2018

Jackson Lewis P.C. on 3/12/2018

1.The National Labor Relations Board has vacated its decision in Hy-Brand Industrial Contractors, Ltd., 365 NLRB No. 156 (Feb. 26, 2018), and restored the Board’s union-friendly joint employer test set forth in...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

Labor Board Debates Whether To Add Insult To Injury In Misclassification Debate

Fisher Phillips on 2/23/2018

Imagine one of your worst corporate nightmares comes true: a government body has determined that you have misclassified your workers, and they should be considered employees and not contractors. The ramifications could be...more

NLRB Solicits Briefs On Independent Contractor Misclassification As ULP Issue

Jackson Lewis P.C. on 2/22/2018

National Labor Relations Board Administrative Law Judge Arthur J. Amchan had ruled in Velox Express, Inc. that misclassification of employees as independent contractors violates Section 8(a)(1) of the National Labor Relations...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

Misclassification Of Independent Contractor Is Violation Of NLRA, ALJ Rules

Jackson Lewis P.C. on 12/13/2017

The misclassification of an independent contractor is an unfair labor practice under the NLRA, according to Administrative Law Judge Dickie Montemayor. Intermodal Bridge Transp., No. 21-CA-157647 (Nov. 28, 2017). ALJ...more

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

Benesch on 11/22/2017

A National Labor Relations Judge dismissed an action brought by the National Labor Relations Board (“NLRB”) regional director against Menard, Inc. (“Menards”) for misclassifying its independent contractor (“ICs”) drivers in...more

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National Labor Relations Board › Unfair Labor Practices › Misclassification

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