At the request of the U.S. Court of Appeals for the Ninth Circuit, the California Supreme Court said its decision in Dynamex Operations West Inc. v. Superior Court applies retroactively. Dynamex adopted the “ABC test” for determining whether a worker is an employee or independent…
Labor Board Retools Crucial Independent Contractor Test
The U.S. National Labor Relations Board has revamped its legal test for determining whether workers are employees or independent contractors, overturning a Trump-era decision that prioritized “entrepreneurial opportunity” over other factors when making classifications. The Atlanta Opera…
Board Returns to Totality of Circumstances Test for Determining Concerted Activity
The U.S. National Labor Relations Board issued a decision in Miller Plastic Products Inc., returning to the long-established test for determining whether an employee who intends to induce group action by fellow employees engages in protected concerted activity under Section 7 of the…
Hiring Tests in a Slow Growth Economy: Why, When, How, and How NOT to Test (Part Two)
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Failure to Appear for Random Drug Test Defeats Employee’s ADA Suit
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Court: Reasonable Suspicion Alcohol Test of Employee Was Justified
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Connecticut Supreme Court Provides Guidance on Test for Independent Contractors
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Weingarten Rights Not Violated; Employee Lawfully Terminated for Refusal to Take Drug or Alcohol Test
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Ninth Circuit Adopts Common-Law Agency Test for Joint Employment Under Title VII
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Court Upholds Termination of Employee Who Claimed Failed Drug Test Was Due to Over-the-Counter Medications
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