Today, Rep. Rick W. Allen (R-GA), RSC Chairman Jim Banks (R-IN), and Ranking Member Virginia Foxx (R-NC) led a group of House Republicans in filing an amicus brief to the National Labor Relations Board (NLRB) in The Atlanta Opera, Inc. 371 NLRB No. 45 (2021).This case comes as the Democrat-controlled NLRB is set to consider upending established precedent on classifying independent contractors. The brief argues that the standard for classifying independent contractors, which emphasizes the importance of entrepreneurial activity, must be upheld and that changes under the National Labor Relations Act must come through Congress.
This is a bicameral effort with Senator Mike Braun leading Senate Republicans in a separate brief to the board.
Rep. Rick Allen said: “The Biden Administration is once again trying to skirt around Congress, this time at the expense of America’s independent contractors. Rewriting the classification standard would jeopardize the livelihoods of workers and their families. I urge the Board to uphold precedent and stand with the millions of rideshare drivers, graphic designers, technology experts, and other independent contractors across many industries whose entrepreneurial spirit fuels our nation.”
RSC Chairman Jim Banks said: “Just like his old boss Obama, Joe Biden is trying implement unpopular policies by circumventing Congress and undermining the powers of the legislative branch. Time and again, the Biden administration has put Democrat union bosses ahead of the American people and this case is no different. This decision would jeopardize the livelihood of millions of American workers classified as independent contractors such as truckers and skilled craftsmen.”
Education and Labor Ranking Member Rep. Virginia Foxx said: “The crux of our amicus brief is simple: any changes to the classification of workers under the National Labor Relations Act(NLRA) fall within Congress’ jurisdiction – not under the self-aggrandizing authority of the NLRB. Should the NLRB choose to upend the established precedent for classifying workers as independent contractors, millions of Americans will see their livelihoods stripped from them with the snap of a finger. The Biden administration’s attempt to legislate through the NLRB is not only a cowardly backdoor tactic, but it is also a slap in the face to everyday people who prefer and seek work as independent contractors. By treating employers and job creators like greedy predators, Washington bureaucrats have set their political crosshairs on independent contractors who prefer flexibility and entrepreneurial opportunity.”
Background: The Obama-era NLRB twice, in 2009 and 2014, tried to overturn long-standing precedent and fundamentally change the standard under which a worker is classified as an independent contractor, only to get slapped down by the U.S. Court of Appeals for the D.C. Circuit on both occasions. Thankfully, the Trump-era NLRB reaffirmed the importance of entrepreneurial opportunity in the 2019 SuperShuttle DFW, Inc decision, ensuring that individuals can continue to benefit from the economic benefits and flexibility of being independent contractors.
