NFIB Files Amicus Brief on NLRB Effort to Change Independent Contractor Rules

Date: February 11, 2022

WASHINGTON, D.C. (Feb. 11, 2022)NFIB filed an amicus brief at the National Labor Relations Board (NLRB) in the case The Atlanta Opera, Inc. In this extremely consequential case, the NLRB will reconsider its current standard for determining independent contractor status of workers and weigh whether to return to a more-stringent Obama-era standard.

“Small business owners are better able to comply with various rules and regulations when government agencies provide clear and consistent guidance,” said Karen Harned, Executive Director of NFIB’s Small Business Legal Center. “Unfortunately, independent contractor rules have been neither clear nor consistent, confusing many owners on how best to comply. Small businesses in various industries utilize independent contractors and depend on a clear standard. NFIB urges the Board to keep the current standard in place.”

NFIB’s brief makes three primary arguments: (1) overruling the current independent contractor standard is not permitted by statute or later judicial authority; (2) overruling the current standard will harm the regulated community and damage the Board’s integrity; and (3) returning to the more stringent standard would be bad public policy and based on the false premise that independent contractor status should be disfavored.

NFIB filed the brief with Coalition for a Democratic Workplace, American Association of Advertising Agencies, American Bankers Association, American Trucking Associations, Associated Builders and Contractors, HR Policy Association, Independent Bakers Association, Independent Electrical Contractors, National Association of Wholesaler-Distributors, and National Retail Federation.   

The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.

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