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.MORE
Very recently, a daily newspaper in Tupelo, Miss., received a determination from the Mississippi Employment Security Department that its newspaper carriers are employees. The decision totally ignores the exclusion granted by the legislature in 2012. Needless to say, the newspaper vigorously protested, appealed this determination, emphasizing the provision. The State of Mississippi backed off completely, agreeing that the newspaper carriers are not eligible for benefits and the publishing company is not liable for unemployment taxes or payments made to newspaper carriers.MORE
This writer and many others predicted that the Department of Labor, under the leadership of Secretary Acosta would publish a new proposed rule in March 2019. The new proposed rule would increase the salary level threshold that must be met in order to be overtime exempt under the Federal Fair Labor Standards Act.
The new proposed rule, announced March 7, will increase that threshold from $23,660 per year (or $455 per week) to $35,308 per year (or $679 per week). This new threshold is far less than the threshold proposed by the Obama administration that was permanently enjoined nationwide by a federal court in Texas.MORE
On Jan. 25, the National Labor Relations Board, in a three-to-one decision, ruled that Super Shuttle drivers at the Dallas Fort Worth Airport were independent contractors and not employees.
This case is especially good news for the newspaper industry. The board in the new Super Shuttle case specifically referenced its decision in St. Joseph News-Press, a 2005 decision. In that decision, the NLRB found that home delivery carriers, single copy carriers and bundle haulers were all independent contractors.MORE
In December 2018, new NLRB General Counsel Peter Robb issued several new advice memoranda. Advice memoranda advise local NLRB offices about how to proceed with a particular unfair labor practice charge.
In one such memorandum, the employer's "Commitment to My Coworkers" policy was found to be lawful. The employer required all employees to read and sign a "Commitment to My Co-Workers" document.MORE
On Aug. 1, the National Labor Relations Board invited interested parties to file briefs on whether the board should adhere to, modify or overrule Purple Communications – a case (decided by the Obama Board) that held employees who had been given access to their employer's email system for work-related purposes have a presumptive right to use that system, on non-working time, for communications protected by Section 7 of the National Labor Relations Act (union organizing activity).MORE
On May 21, the United States Supreme Court issued its long awaited decision in Epic Systems Corp v. Lewis. Justice Gorsuch delivered the opinion of the court. Rejecting the position of the National Labor Relations Board, the court ruled that employers and employees may lawfully agree that any disputes between them will be resolved through one-on-one arbitration. The court ruled that under the National Labor Relations Act, employees do not have the right to file class or collective actions, no matter what they agreed with their employer.MORE
To drive revenue, publishing companies are increasingly producing "premium editions" for their newspapers.
Many legal issues must be considered when preparing newspaper subscription promotions. What you communicate about "premium editions" – the cost and how they impact the length of a newspaper subscription can be critical, legally. These legal issues were brought into sharp focus in a recent lawsuit.MORE
On March 1, reversing the Court of Appeals, the Arkansas Supreme Court ruled that a part-time grocery store security guard was an independent contractor, and not an employee, for purposes of Workers' Compensation.
The significance of this decision for newspaper publishers in Arkansas is that the primary factors relied upon by the Arkansas Supreme Court are usually present in the contract relationship between newspaper publishing companies and its independent contractor newspaper carriers.MORE
Recently, a former newspaper carrier filed a wage claim with the North Carolina Department of Labor, claiming employee status at a daily newspaper in the state. The newspaper carrier filed with the state Department of Labor, rather than federal DOL, because the federal wage and hour law contains a complete exemption for newspaper carriers; the North Carolina wage and hour law does not.
Of course, the newspaper stated that the individual was an independent contractor, not an employee. As part of its investigation, the North Carolina Department of Labor asked the company to provide specific information, in order to determine whether there was an employer/employee relationship.MORE
Read about the latest job openings posted on the SNPA website. And, send us your listings to post at no cost.More
A Franklin County town and the local newspaper that covers it are at odds over a public records request.
Town officials estimated The Wake Weekly, a Restoration Newsmedia newspaper, would have to pay a fee of about $70,000 before the town could comply with a public records request the paper made this month.
Legal experts called the fee "insane" and "shocking."
Town officials have since reduced that charge to about $15,000, a price the newspaper says is still too high.
Read more from The Courier-Times.More
A newspaper veteran with 40 years of advertising and management experience is the Victoria (Texas) Advocate's new director of sales.More