NLRB Solicits Input on Misclassification Issue

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The National Labor Relations Board has invited the public to submit briefs on the issue of whether the act of misclassifying an employee as an independent contractor is a violation of the National Labor Relations Act.

In Velox Express, Inc. and Edge, an administrative law judge asserted that the act of misclassification, without more, violates the Act. This decision was quite controversial, and General Counsel Peter Robb has indicated an interest in reviewing this issue, as set forth in his December 1, 2017 memorandum, GC 18-02 “Mandatory Submissions to Advice.”