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23 Jan 2017 Will Seattle Uber Drivers Really Be Able to Unionize? Uber Takes Legal Action to Halt City Rules

  Last week, Uber, by way of a subsidiary, brought an action in Washington state court claiming that the City of Seattle’s recently adopted labor ordinance is arbitrary and capricious and that the City did not follow proper rulemaking procedures when they were adopted. The complaint also alleges that the city’s rulemaking process denied members of the public from having a “meaningful opportunity to comment.”   Late last year, Seattle news outlets started reporting about…

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31 Aug 2016 NLRB: Is Misclassification of Independent Contractors an Unfair Labor Practice?

  The question: Is misclassification of independent contractors an unfair labor practice? The answer: Not yet.   In an advice memorandum dated December 18, 2015, but just issued this week, the National Labor Relations Board (NLRB) tangled with the question of whether mere misclassification of truck drivers as independent contractors constituted an independent unfair labor practice charge. The NLRB Advice Memo does not quite get there. However, in circumstances where there is a misclassification supplemented with…

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21 Apr 2016 Ties Go to the Runner and the NLRB

There’s an oft-cited but unwritten rule in baseball that all ties go to the runner. The D.C. Circuit Court of Appeals this week applied that same concept in upholding a decision of the National Labor Relations Board (NLRB) finding that musicians for the Lancaster Symphony Orchestra in Pennsylvania were employees of the Orchestra and not independent contractors.   In Lancaster Symphony Orchestra v. NLRB, the D.C. Circuit Court of Appeals examined an NLRB decision from…

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30 Sep 2015 NLRB: Not-for Profit Canvassers Are Not Independent Contractors

Canvassers for a Minneapolis-based not-for-profit were found last week by the NLRB to be employees and not independent contractors.  In so ruling, the board reversed an administrative law judge’s ruling to the contrary and applied its new standard from FedEx Home Delivery, 361 NLRB No. 55 (2014), in which the board “restated and refined” the analysis for evaluating whether individuals are employees or independent contractors.   In coming to this conclusion, the board summarized the…

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