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Misclassifying Workers Doesn’t Violate Labor Law, NLRB Says (2)

Aug. 29, 2019, 7:31 PMUpdated: Aug. 29, 2019, 11:04 PM

Employers don’t violate federal labor law by misclassifying their workers as independent contractors instead of employees, the National Labor Relations Board ruled on Aug. 29.

The 3-1 ruling in a case involving Velox Express Inc. rejects a legal theory advanced by the Obama-era NLRB General Counsel Richard Griffin, who had convinced several administrative law judges to rule against companies for misinforming workers about their employment status.

The NLRB reversed a judge’s ruling that Velox unlawfully interfered with its workers’ rights under the National Labor Relations Act by wrongly telling them that they’re independent contractors. Unlike employees, contractors have no rights...

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