NLRB Decides Misclassifying Workers as Independent Contractors Does Not Violate the Act

The National Labor Relations Board held that employers do not violate the National Labor Relations Act (NLRA) solely by misclassifying employees as independent contractors. The Board majority held that an employer’s communication to its workers of its opinion that they are independent contractors does not, standing alone, violate the NLRA if that opinion turns out to be mistaken.