The Biden-era National Labor Relations Board (NLRB or Board) has issued a ruling that will make it far more likely that a worker will be considered an employee for purposes of the National Labor Relations Act (NLRA or Act). In Atlanta Opera, 372 NLRB No. 95 (2023), the Board’s Democratic majority overruled a Trump-era Board precedent that provided practical guidance for determining whether a worker is an employee or an independent contractor and reinstated a test that makes it easier to bring a worker under the Act’s protections.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.