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A national home improvement chain called Menards is suing in response to and complaint issued by the NLRB on behalf of the owner of K&S Delivery Services, who had previously contracted with Menards. The initial complaint was filed in December 2016 and alleged that owner of K&S Delivery services Kevin Fisher and other truck drivers were misclassified as contractors by the company, when they should have had full employee rights. After Fisher testified at trial in August 2017, he received a letter from Menards saying that his services were no longer needed. Fisher filed another complaint with the NLRB, claiming the company had retaliated against him and the other delivery drivers. A U.S. District Court judge in Wisconsin ruled in favor of Menards for the initial misclassification complaint, but the NLRB still decided to move forward with the retaliation case. Menards is now suing the NLRB for pursuing the retaliation complaint despite “clear statutory exemption” of independent contractors from coverage under national labor law.