NLRB Targets Independent Contractor Classification of Truck Drivers

Seyfarth Synopsis:  NLRB claims that employers violate Section 8(a)(1) of the NLRA by misclassifying employees as independent contractors, thereby restraining and coercing employees in the exercise of their rights guaranteed under Section 7 of the Act.

 

The NLRB’s Regional Director in Los Angeles has issued a complaint against Intermodal Bridge Transport alleging that the misclassification of truck drivers as “independent contractors” itself constitutes a violation of the National Labor Relations Act.  The complaint states that such a misclassification “inhibit[s] them from engaging in Section 7 activity and depriv[es] them of the protection of the Act.”  Section 7 provides that “employees,” as opposed to independent contractors, have the right to self-organize and bargain collectively.

 

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