Many companies use independent contractors as part of their workforce model. Anyone who has dealt with this issue knows, though, that setting up a worker as a contractor is a legally nuanced endeavor. It looks like a recent development at the National Labor Relations Board (NLRB) may make this an even more complicated endeavor for employers.
According to a Bloomberg Law report: “The federal labor board has agreed to review a decision granting West Coast port truckers the right to form a union, signaling the board will take up the thorny issue of who's an independent contractor and who's an employee.” The article notes that the vote count set for July 15 “will be postponed and the ballots impounded until the board reaches a decision, NLRB spokeswoman Kayla Blado said.”
The article also said “Regional Director William Cowen said in his June 13 decision that the drivers did count as workers.”
Unlike employees, independent contractors are not covered by the National Labor Relations Act (NLRA), which means they cannot form unions or seek redress for alleged violations of the NLRA. The distinction between employees and independent contractors has been an area of great concern for gig economy workers, particularly ride-share workers and truckers.
The prior administration’s NLRB issued a standard that made it easier for workers to be classified as contractors under the NLRA, but earlier this year the board under President Biden expressed a desire to revisit the prior...
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