Westlaw Today
NLRB Narrows Independent Contractor Definition and Reverts to Obama-Era Rule
August 22, 2023
In a decision that could make it easier for certain independent contractors to be considered employees, thus giving them the right to join unions, the National Labor Relations Board (”NLRB” or the “Board”) has returned to the more worker-friendly standard that was last employed by the Obama-era Board.
While shifts like this are common since the Board majority traditionally changes when the president’s party changes, the Board’s decision is important for employers because employees are entitled to additional rights and benefits that are not afforded to independent contractors.
Contacts

Capabilities
Suggested News & Insights
English High Court Finds BHP Liable in Landmark £36 Billion Fundão Dam LitigationDecember 10, 2025Sidley Advises Ancala on Acquisition of U.S. Chemical Infrastructure PortfolioDecember 4, 2025Sidley Represents Jane Street in Investments in Kraken and X-EnergyDecember 3, 2025Sidley Secures Dismissal for Harvest Sherwood in Adversary Proceeding Brought by BurfordNovember 24, 2025Sidley Represents GE HealthCare in Its US$2.3 Billion Acquisition of InteleradNovember 20, 2025Sidley Represents GT Independence in Its Investment From H.I.G. CapitalNovember 18, 2025
- Stay Up To DateSubscribe to Sidley Publications
- Follow Sidley on Social MediaSocial Media Directory
