The National Labor Relations Board has held that companies do not violate the National Labor Relations Act solely by misclassifying employees as independent contractors. Bottom line: the decision to classify an individual as an independent contractor rather than an employee will not, by itself, subject an employer to liability under the National Labor Relations Act.MORE
The Division of Advice within the NLRB general counsel's office recently issued a memorandum describing why it believed Uber drivers should be considered independent contractors, not employees for purposes of the National Labor Relations Act. For that reason, charges filed by Uber drivers were dismissed.
The general counsel believed the Uber drivers to be independent contractors for two key reasons.MORE
On Jan. 25, the National Labor Relations Board, in a three-to-one decision, ruled that Super Shuttle drivers at the Dallas Fort Worth Airport were independent contractors and not employees.
This case is especially good news for the newspaper industry. The board in the new Super Shuttle case specifically referenced its decision in St. Joseph News-Press, a 2005 decision. In that decision, the NLRB found that home delivery carriers, single copy carriers and bundle haulers were all independent contractors.MORE
In December 2018, new NLRB General Counsel Peter Robb issued several new advice memoranda. Advice memoranda advise local NLRB offices about how to proceed with a particular unfair labor practice charge.
In one such memorandum, the employer's "Commitment to My Coworkers" policy was found to be lawful. The employer required all employees to read and sign a "Commitment to My Co-Workers" document.MORE
On Aug. 1, the National Labor Relations Board invited interested parties to file briefs on whether the board should adhere to, modify or overrule Purple Communications – a case (decided by the Obama Board) that held employees who had been given access to their employer's email system for work-related purposes have a presumptive right to use that system, on non-working time, for communications protected by Section 7 of the National Labor Relations Act (union organizing activity).MORE
On May 21, the United States Supreme Court issued its long awaited decision in Epic Systems Corp v. Lewis. Justice Gorsuch delivered the opinion of the court. Rejecting the position of the National Labor Relations Board, the court ruled that employers and employees may lawfully agree that any disputes between them will be resolved through one-on-one arbitration. The court ruled that under the National Labor Relations Act, employees do not have the right to file class or collective actions, no matter what they agreed with their employer.MORE
On Feb. 26, the NLRB vacated its recent ruling in the Hy-Brand Industrial Contractors case, which overruled the National Labor Relations Board's controversial Browning-Ferris decision.MORE
In this column, I have been predicting for some time that when all three Republican seats of the five-member National Labor Relations Board were filled by President Trump's appointees, the NLRB would begin reversing/overruling some of the Obama Board's more egregious decisions that demonstrated an outright hostility toward employers.
Chairman Philip A. Miscimarra's term expired on Dec. 17, 2017. On Dec. 14 and 15, Chairman Miscimarra went out "with a bang!"MORE
This month's column reports on two National Labor Relations Board administrative law judge decisions involving the issue of whether someone is an employee or an independent contractor. In both cases, former NLRB General Counsel Richard Griffin had urged the ALJ to rule that merely classifying someone as an independent contractor is an independent violation of the National Labor Relations Act. This is legal adventurism in an attempt to make new law.
In one of the cases, the ALJ found independent contractor status and chose not to reach that novel issue. In the second case, the ALJ found employee status and agreed with the NLRB general counsel, finding that the misclassification of the individuals as independent contractors was a per se independent violation of the NLRA. With a new management majority sitting on the NLRB in Washington, let us hope that this legal adventurism will be reversed.
I also report on a new NLRB case involving an employer's texting and confidentiality rules, as well as a new court case addressing the ability to discover social media passwords in litigation.
On Nov. 8, by a vote of 49 to 46, the U.S. Senate confirmed President Trump's nomination of Peter Robb to be the next NLRB general counsel. Robb, a management labor lawyer from Vermont, replaces Richard Griffin, whose term expired on Nov. 4.
In this column, also read an update about the U.S. Department of Labor overtime rule, news about an EEOC case, plus a case regarding the ADA.MORE
Carl Esposito, publisher of The Daily Times in Maryville, Tenn., for nine years and regional president for Adams Publishing Group for nearly three years, will retire effective Nov. 1.
Bryan Sandmeier, general manager of The Daily Times, will be promoted to publisher.
Paul W. Mauney, general manager of The Greeneville Sun and Adams' chief revenue officer for this region, will replace Esposito as regional president for Adams' Tennessee/North Carolina/Virginia group.More
There are seven changes news organizations need to adopt to succeed during the reader revolution. Jim Brady, CEO of Spirited Media, lays them out in a recent post for the Reynolds Journalism Institute. They include: serving your audience first (not your newsroom) and having a point of view.More
I am happy to share some good news with my fellow SNPA members. My family and I especially want to share with you some of our thinking and reasoning behind our decision. All of us (Ben, Palmer, Olivia, Eliza and me) have made a commitment to donate $25 million to the University of North Carolina's School of Media and Journalism.
This is the largest donation ever in the history of our family. We are lending our name and it will now be called the Hussman School of Journalism and Media. Here's why we are doing it.More