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NLRB Case Modifies Independent Contractor Standard


A new ruling from the National Labor Relations Board (NLRB) alters the standard employers must use to determine whether someone qualifies as an independent contractor.

In the June 13 ruling, the board concluded that the makeup artists, wig artists and hairstylists who work at the Atlanta Opera are employees, not independent contractors. The workers had filed an election petition with the board, seeking union representation.


The new ruling "is designed and intended to make it much more difficult for employers to classify workers as independent contractors and therefore avoid the potential for those workers to organize," said Jason Reisman, an attorney with Blank Rome in Philadelphia. "This new decision will serve potentially as a solid deterrent for many employers and create doubt for others, or at least make them think twice and re-evaluate how and how often they utilize independent contractors."

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"NLRB Case Modifies Independent Contractor Standard," by Leah Shepard was published in SHRM on June 14, 2023.