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NLRB Says Uber Drivers Are Independent Contractors

NLRB Says Uber Drivers Are Independent Contractors

Author: Liana M. NobileDate: July 5, 2019

The National Labor Relations Board (NLRB or Board) is the latest to weigh in on whether gig economy workers are independent contractors or employees. The NLRB recently published an advice memorandum concluding that UberX and UberBlack drivers are independent contractors. Accordingly, they are not covered under the National Labor Relations Act (NLRA) and may not form a union for the purposes of collective bargaining and filing unfair labor practices charges.

The NLRA grants employees the right to form or join unions; engage in protected, concerted activities to address or improve working conditions; or refrain from engaging in these activities. Section 7 specifically guarantees employees “the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection,” as well as the right “to refrain from any or all such activities.”

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