NLRB Revised Its Independent Contractor Test to Focus on Entrepreneurial Opportunity

2019-01-31T17:15:27+00:00 January 31st, 2019|Categories: Daniel Fishman, Human Resources Compliance, Independent Contractor, Labor Law & NLRB, NLRB|

On January 25, 2019, the federal National Labor Relations Board revised its own test to determine whether a worker is properly classified as an independent contractor. The new test in SuperShuttle DFW places a worker’s “entrepreneurial opportunity for gain or loss” at the core of its independent contractor analysis. The

NLRB Issues Guidance on New Employer-Friendly Standard for Handbook Rules

2018-07-26T20:30:12+00:00 July 26th, 2018|Categories: Alexis P. Theriault, Catherine M. DiVita, Human Resources Compliance, Labor Law & NLRB, Laws & Regulations, NLRB|

In early June, the National Labor Relations Board (the “NLRB”) issued Guidance on Handbook Rules Post-Boeing regarding how regional offices should apply its new standard for analyzing employee handbook rules (the “Guidance”). The standard, announced in The Boeing Co., 365 NLRB No. 154 (Dec. 14, 2017), sets forth a balancing

Trump’s Labor Department Rescinds Guidance Letters on Employee Misclassification and Joint Employment

2017-07-25T14:41:58+00:00 June 8th, 2017|Categories: Alexis P. Theriault, DOL, FLSA, Human Resources Compliance, Independent Contractor, Labor Law & NLRB, Laws & Regulations, NLRB, Regulatory Compliance|

In a Trump administration that typically acts with great fanfare, Secretary of Labor Alexander Acosta quietly announced the immediate withdrawal of two administrative guidance letters issued during the Obama administration. The U.S. Department of Labor (“DOL”) issued a three-sentence news release on Wednesday, reporting that Secretary Acosta had withdrawn the

Mass. State Senate Passes Social Media Privacy Protection Legislation

2017-01-13T17:12:56+00:00 January 6th, 2016|Categories: Human Resources Compliance, Michael J. Rossi, NLRB|

The Massachusetts state Senate recently passed a bill that prohibits employers from requiring employees or job applicants to disclose social media account information. The legislation now moves to the Massachusetts House of Representatives for consideration. If the bill ultimately passes into law, Massachusetts will join more than twenty other states that have passed laws protecting

Second Circuit Decision Upholds N.L.R.B Ruling On Protected Social Media Activity

2017-01-13T17:16:07+00:00 October 29th, 2015|Categories: Human Resources Compliance, Michael J. Rossi, NLRB|

A recent decision by the Second Circuit Court of Appeals may cause employers to think twice about disciplining employees for their social media activity. In Three D, LLC v. N.L.R.B., No. 14-3284, 2015 WL 6161477 (2d Cir. Oct. 21, 2015) the court affirmed a decision of the National Labor Relations Board (“NLRB” or “Board”), which

NLRB Declines Jurisdiction in Student-Athletes’ Unionization Effort

2017-01-13T17:18:15+00:00 August 25th, 2015|Categories: Alexis P. Theriault, Labor Law & NLRB, NLRB|

In a much-anticipated decision inspiring countless football-themed puns, the National Labor Relations Board (the “Board”) declined to assert its jurisdiction over the effort to unionize by Northwestern University’s scholarship football players. Issued on August 17, 2015, the decision comes on the eve of a new college football season. In Northwestern University, 362 NLRB No. 167

NLRB General Counsel Report Concerning Employee Handbooks

2017-01-13T17:20:12+00:00 July 9th, 2015|Categories: Human Resources Compliance, Michael J. Rossi, NLRB|

Does your employee handbook prohibit employees from “discussing customer or employee information” outside of work? Does it forbid employees from sending “unwanted, offensive or inappropriate” emails? If so, some changes may be in order. These policies are unlawful, according to a sweeping report recently issued by the General Counsel of the National Labor Relations Board