NLRB Narrows Independent Contractor Definition and Reverts to Obama-Era Rule

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.