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NLRB's Atlanta Opera Contractor Shift Won’t Be That Dramatic

Law360 Employment Authority

The National Labor Relations Board's decision to lessen the importance of workers' "entrepreneurial opportunity" when it assesses whether they're union-ineligible independent contractors is ultimately a narrow change that will nonetheless result in the board recognizing more workers to have union rights, experts say.


Because U.S. Supreme Court precedent shackles the board to a specific, if subjective, test, Tuesday's shift represents a minor change. But in the hands of the board's worker-friendly leadership, the revised test is expected to foster more organizing.

"In the grand scheme of things, maybe the change isn't that material, but the board's formulation of it and application of the test is going to create solid vehicles for the board and for general counsel [Jennifer] Abruzzo to facilitate more organizing by a larger swath of the private-sector workforce," Blank Rome LLP partner Jason Reisman told Law360.

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"NLRB's Atlanta Opera Contractor Shift Won’t Be That Dramatic," by Braden Campbell was published in Law360 Employment Authority on June 15, 2023.