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- February 15, 2019
Labor Board Returns to Pre-2014 Test for Determining if Individual Is an Independent Contractor
February 15, 2019The National Labor Relations Board (NLRB) has held that in deciding whether an individual is an independent contractor or an employee, it will return to focusing on the extent to which the arrangement between the ostensible employer and the alleged employee provided an “entrepreneurial opportunity” to the individual, overruling a 2014... Read More
- February 14, 2019
Top Five Labor Law Developments for January 2019
February 14, 2019The National Labor Relations Board (NLRB) reinstated its pre-2014 standard for determining whether an individual is an independent contractor or an employee. SuperShuttle DFW, Inc., 367 NLRB No. 75 (Jan. 25, 2019). The NLRB determined that the employer’s shuttle van drivers were not employees, but independent contractors. Thus, they... Read More
- January 29, 2019
Labor Board Narrows What May Be Considered Concerted Activity
January 29, 2019The National Labor Relations Board (NLRB) has narrowed the circumstances under which a complaint made by an individual employee is considered concerted activity under Section 7 of the National Labor Relations Act (NLRA). Alstate Maintenance, LLC, 367 NLRB No. 68 (Jan. 11, 2019). In doing so, the Board reaffirmed and applied the... Read More