Description: Seyfarth Shaw's Management Writes: Practical Labor Law Updates Blog on developments in labor law & labor relations, including NLRB & court decisions, legislative & regulatory updates, & collective bargaining.
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By: Elliot Fink and Cary Burke
Seyfarth Synopsis: In The Atlanta Opera , 372 NLRB 95 (2023), the National Labor Relations Board overturned Trump-era precedent by modifying its independent contractor test and returning to the test announced by the Obama Board. The NLRB now will review a multitude of enumerated and non-enumerated factors when determining independent contractor status, with no factor being given undue weight. In practical terms, this decision will likely not have much impact. Even so, employers might consider reviewing the
Earlier this week, the National Labor Relations Board’s Democratic members upended prior precedent yet again when it ruled in The Atlanta Opera , 372 NLRB 95 (2023), that makeup artists, wig artists, and hairstylists were improperly classified as independent contractors, rather than employees. In doing so, the Board overruled SuperShuttle DFW, Inc. , 367 NLRB No. 75 (2019) in favor of the analysis set out by the Obama Board. Rather than focusing on the locus of entrepreneurial opportunity – as the Trump B
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adatitleiii.comADA Title III | Disability Law for Businesses | Seyfarth Shaw
ADA Title III | Disability Law for Businesses | Seyfarth Shaw