New NLRB Decision Makes it Harder for Employers to Classify Workers as Independent Contractors

On June 15, 2023   /   Employment Law, NLRB   /   Leave a comment
New NLRB Decision Makes it Harder for Employers to Classify Workers as Independent Contractors

In a recent decision, in Atlanta Opera Inc., the National Labor Relations Board (NLRB) returned to the 2014 FedEx Home Delivery (FedEx II) standard for determining independent contractor status under the National Labor Relations Act (NLRA).  This decision overturns the SuperShuttle ruling from 2019 and establishes that makeup artists, wig artists, and hairstylists working at the Atlanta Opera are considered covered employees, rather than independent contractors.  The Board’s decision reinforces the use of common law factors in determining employment status

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New NLRB Guidance for Severance Agreement Non-Disparagement Provisions

On March 26, 2023   /   Employment Law, NLRB, Non-Disparagement Agreement   /   Leave a comment
New NLRB Guidance for Severance Agreement Non-Disparagement Provisions

New guidance from the National Labor Relations Board (NLRB) is helping employees to understand the limits of non-disparagement clauses in severance agreements. According to a memo to NLRB field offices, lawful severance agreements are still permitted, as long as they do not contain overly broad provisions that affect employee rights to engage with one another to improve their working conditions.  As noted in the recent McLaren Macomb decision, the Board reaffirmed longstanding precedent that employers violate the

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