New NLRB General Counsel Reverses Obama-Era Initiative on Worker Misclassification

In a memorandum to all Regional Directors, Officers-in-Charge and Resident Officers, new National Labor Relations Board (“NLRB”) General Counsel, Peter B. Robb, reversed many Obama-era initiatives, including an initiative to argue that worker misclassification violates Section 8(a)(1) of the National Labor Relations Act (“NLRA”). CLICK HERE for a copy of the December 1, 2017, memorandum.

The guidance pertaining specifically to worker misclassification states that the following initiative is no longer in effect:

arguing that an employer’s misclassification of employees as independent contractors, in and of itself, violates Section 8(a)(1) (but Regions should submit to Advice any case where there is evidence that the employer actively used the misclassification of employees to interfere with Section 7 activity)

Under the new guidance, companies doing business with independent contractors will be less susceptible to these types of charges under the NLRA.

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