NLRB eyes overhaul of Trump-era impartial contractor check

The seal of the Nationwide Labor Relations Board (NLRB) is seen at their headquarters in Washington, D.C., U.S., Could 14, 2021. REUTERS/Andrew Kelly

  • NLRB looking for enter on whether or not it ought to hold business-friendly 2019 check
  • Trump-era board overruled 2014 choice favoring worker standing
  • Labor legislation protections don’t apply to impartial contractors

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Dec 28 (Reuters) – The Nationwide Labor Relations Board may quickly make it simpler to indicate that employees are an organization’s workers and never impartial contractors below federal labor legislation, permitting them to hitch unions.

The NLRB on Monday known as for amicus briefs on whether or not it ought to stick to a check adopted by the board in 2019 and favored by enterprise teams, or revive an Obama-era normal that made it tougher to categorise employees as impartial contractors.

The decision for briefs due Feb. 10 got here in a case involving a union marketing campaign by make-up artists and hairstylists for the Atlanta Opera. An NLRB regional director in June mentioned the employees have been the opera’s workers.

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Beneath the Nationwide Labor Relations Act, solely workers can unionize and avail themselves of protections in opposition to retaliation after they advocate for higher working circumstances.

A consultant of the Atlanta Opera didn’t instantly reply to a request for remark. Nor did the union, which is an affiliate of the Worldwide Alliance of Theatrical Stage Workers.

In a 2014 ruling involving FedEx drivers, the labor board mentioned a employee’s alternative for revenue or loss is just one issue to be thought of in figuring out impartial contractor standing.

5 years later, the Trump-era board dominated that so-called “entrepreneurial alternative” was the primary consider evaluating classification, narrowing the power of employees and unions to show worker standing.

NLRB rolls again Obama-era check on employee classification

Misclassifying employees as impartial contractors does not violate labor legislation – NLRB

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Daniel Wiessner

Dan Wiessner (@danwiessner) studies on labor and employment and immigration legislation, together with litigation and coverage making. He could be reached at [email protected]