Source: Ellen Dannin, Labor Law Journal, Spring 2008
The issue of who is an employee is now before the National Labor Relations Board in New York New York Hotel, LLC. The importance of this case is signaled by the Board’s decision to hold oral argument and invitation to file amicus briefs. Briefly, the case raises the question whether employees of a subcontractor, the Ark Las Vegas Restaurant Corporation, who perform their work for Ark on the premises of the New York New York Hotel and Casino, have a statutory right to distribute handbills to guests and customers while on New York New York’s property during the Ark employees’ off-duty hours. The handbills protested the Ark’s nonunion status and wages.