On April 13, 2018, WLF filed a brief with the National Labor Relations Board (NLRB) urging it to overturn an Administrative Law Judge’s (ALJ) decision that, if allowed to stand, would automatically convert a company’s mistaken classification of an employee as an independent contractor into a federal unfair labor practice. WLF’s brief argues that the NLRB’s adoption of the ALJ’s order would impose novel, unprecedented liability on vast numbers of American businesses to the detriment of the nation’s economy. As WLF’s brief shows, for more than 70 years federal court precedent and the NLRB’s own decisions have consistently treated a worker’s employment status as a threshold, jurisdictional question rather than a standalone basis for alleging a violation of the National Labor Relations Act (NLRA). WLF urges the Board to retain that jurisdictional approach to classification determinations and decline to expand NLRA liability any further.

Awaiting agency action.