From Lexology, Richard Reibstein discusses a recent complaint issued by a Regional Director of the National Labor Relations Board (NLRB) alleging that classification of workers as independent contractors was an unfair labor practice. Richard writes:
A Regional Director for the NLRB issued an unfair labor practice complaint on April 18, 2016 alleging that a transportation company “has misclassified its employee-drivers as independent contractors, thereby inhibiting them from engaging in Section 7 activity and depriving them of the protections of the [National Labor Relations] Act.” While Regional Directors are merely prosecutors in the unfair labor practice context, they serve as a form of gatekeeper because no unfair labor practice charge can reach the NLRB in Washington, D.C. unless a Regional Director first issues a complaint. Therefore, this allegation – that mere misclassification is an unfair labor practice – has the potential to be a far-reaching development in the area of independent contractor law. What the NLRB eventually does in this case, however, would have little or no impact on businesses that structure, document, and implement their independent contractor relationships in a manner that complies with applicable laws,
Read the full story at Is the NLRB Trying to Make Independent Contractor Misclassification an Unfair Labor Practice?