In its recently issued decision in SuperShuttle DFW, Inc. and Amalgamated Transit Union Local 1338, the National Labor Relations Board (NLRB) reversed course on the test it uses to determine whether a worker is an employee or an independent contractor, adopting a more employer-friendly standard. While it retains the common law’s multi-factor test for determining…

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WHAT TO EXPECT IN CALIFORNIA EMPLOYMENT LAW FOR 2019 In many ways, 2018 was a bellwether year for California employment law, seeing major changes in the laws pertaining to sexual harassment, independent contractors, and a whole host of other issues. Does 2019 hold as many big surprises in store? The short answer: probably not, but…

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Seeking another route to reverse a key decision of the Obama-era National Labor Relations Board (“NLRB” or the “Board”), the current Board has proposed a new administrative rule for determining whether an entity is a “joint employer.” The key to this new test is that an entity controls the “essential terms and conditions” of an…

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Category: NLRB,

On December 14, 2017, the National Labor Relations Board (the “NLRB” or “Board”) decided  Hy-Brand Industrial Contractors, Ltd. and Brandt Construction Co. (“Hy-Brand”), reversing its 2015 decision in Browning-Ferris Industries of California, Inc. d/b/a BFI Newby Island Recyclery (“Browning-Ferris”) and re-establishing the pre-Browning-Ferris standard for determining joint employer status.  As detailed in our blog post…

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On December 14, 2017, the National Labor Relations Board (“Board”) – the entity responsible for enforcing the National Labor Relations Act (“NLRA”) – overturned a handbook standard that has been plaguing employers for more than a decade. In its place, the Board stated a new balancing test that is significantly more employer-friendly. Background In its…

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Category: NLRB, Union Access,