In February of last year, the NLRB asked interested parties to submit briefs regarding the circumstances in which misclassifying employees as independent contractors should be considered a violation of Section 8(a)(1) of the NLRA. The NLRB has determined that “under no circumstances” should worker misclassification be considered a violation of the Act. Parties in support of the misclassification violation asserted that misclassification essentially coerces employees in the exercise of their rights guaranteed in Section 7 of the Act. The NLRB disagrees, and has stated that unless employers respond to protected concerted activities with threats, employers have not violated Section 8(a)(1).
See "NLRB Rules Independent Contractor Misclassification Does Not Violate NLRA", Michael Stevens, JD Supra, September 4, 2019