XPO Case Sets Up Misclassification as Unfair Labor Practice (1)

July 21, 2023, 4:21 PM UTCUpdated: July 21, 2023, 7:23 PM UTC

Misclassification of an employee as an independent contractor stands to become its own unfair labor practice as part of a National Labor Relations Board case against a shipping and logistics firm operating in Southern California.

In a complaint filed late Thursday, NLRB lawyers accused XPO Logistics of violating federal labor law by designating drivers as independent contractors. The complaint also included other allegations—such as the company making threats and interrogating workers—that aren’t connected to the misclassification charge.

Misclassifying the drivers inhibited them from exercising their rights and robbed them of the protections afforded by federal labor law, according to the ...

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