The Gig Economy Keeps Morphing

by | Feb 24, 2022 | Gig Economy, NLRB

We recently told you about how the gig economy is poised for change, particularly with the NLRB signaling a high-stakes overhaul of the “joint employer” rule, which would pave an easier way for workers to prove employee status instead of contractor status. The current existing standard follows the SuperShuttle DFW decision, put into place in 2019 while declaring that Uber drivers should be classified as independent contractors.

At issue is the Atlanta Opera case, for which the NLRB invited amicus curiae briefs in order to determine whether the company’s makeup artists and hair stylists are employees and able to organize. To that end, the Service Employees International Union requested that the NLRB return to the common law standard while evaluating employee vs. independent contractor status.

As a counterpoint, the U.S. Chamber of Commerce’s amicus brief urged the NLRB to maintain the current standard while stressing the importance of protecting flexible employment and avoiding uncertainty for employers, along with avoiding a loss of NLRB credibility due to flip-flopping standards after only three years.

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