The National Labor Relations Board will reconsider its Trump-era legal test for determining whether a worker is an employee protected by federal labor law or an independent contractor who is not.
The NLRB on Monday invited public briefing on the issue. Unions, employers, and other interested parties have until Feb. 10 to weigh in on the NLRB potentially overruling its 2019 decision in SuperShuttle DFW, which made it easier for companies to prove that their workers are independent contractors.
The legal test for employment status is a crucial issue for gig economy companies and other businesses that rely on contract labor to avoid the costs associated with employing workers, which include providing job benefits and potentially negotiating with their unions.
Each labor and employment law has its own legal standard for determining employment status. A finding that a worker is an employee under one law doesn’t guarantee the same finding under another law.
The NLRB administers the National Labor Relations Act, which grants employees the right to form unions and act jointly to improve the workplace. The NLRA applies to the private sector and the U.S. Postal Service.
The board’s opportunity to revisit the legal test for employment classification under the NLRA arises in a case involving makeup artists, wig artists, and hair stylists at the Atlanta Opera Inc. who are...
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