Coalition For A Democratic Workplace Challenges NLRB Independent Contractor Standard
The Coalition for a Democratic Workplace (CDW), which MSCI is a member of, filed an amicus brief on February 11 before the National Labor Relations Board (NLRB) regarding Atlanta Opera, a case dealing with the agency’s independent contractor standard.
The NLRB plans to revert back to the Obama-era standard that severely undervalued the significance of a worker’s entrepreneurial opportunity for economic gain when considering whether to classify them as an employee or independent contractor.
The CDW’s brief noted the NLRB’s two failed attempts to rewrite the standard for determining independent contractor status. It also criticized the NLRB for “proposing again to disregard judicial authority by reinstating the Board’s discredited FedEx standard, or some version of it” and asked the board to keep a prior standard in place.
Read the full brief here. The brief is in response to a December 27, 2021 NLRB invitation for comment.
Read more about the independent contractor standard here.