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NLRB Makes Independent Contractor Test More Difficult for Employers

In a decision issued in mid-June, the pro-union NLRB made it tougher for employers to demonstrate that their workers are independent contractors. Independent contractors are not covered by the National Labor Relations Act and thus do not have organizing rights. The decision is The Atlanta Opera, Inc. and the Board went back to the traditional common-law test and over-ruled prior precedent which placed great weight on entrepreneurial opportunity for gain or loss. Read the NLRB’s press release here and The Atlanta Opera, Inc., decision here.

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