NLRB General Counsel: Uber drivers are independent 7/9/19

By L. Michael Zinser, The Zinser Law Firm

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.


Can employee who is requesting additional leave under the FMLA be terminated? 6/23/15

The following Legal Hotline question was addressed by Hagood Tighe of Fisher & Phillips
Question: We have an employee who has exhausted his FMLA leave. He cannot return to work yet, but says that he should be able to return soon. He is requesting three more weeks of leave. Can we terminate him and hire a replacement since his FMLA is exhausted?

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Can employees substitute accrued paid leave for FMLA leave? 9/26/13

Response from Benefit Development Group (a UBA partner)

Under the FMLA regulations, if an employee chooses to substitute accrued paid leave for FMLA leave, he or she may do so.

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