NLRB Alleges Misclassification is an Unfair Labor Practice and a violation of the NLRA

In a complaint filed against XPO Logistics, Inc, the National Labor Relations Board (NLRB) alleged that by misclassifying workers, the company was violating the National Labor Relations Act (NLRA) and that misclassification, by itself, was an unfair labor practice under the NLRA. The complaint alleges:

6. Since at least January 12, 2022, Respondent has misclassified its employee-drivers as independent contractors, thereby inhibiting them from engaging in Section 7 activity and depriving them of the protections of the Act.

This is not the first time the NLRB has alleged that misclassification is an unfair labor practice. See Is Independent Contractor Misclassification a Violation of the National Labor Relations Act? It is likely tha that the NLRB’s approach will be contested in court.

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