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Independent contractors or employees: the view from the National Labor Relations Board

Article Abstract:

One of the advantages of employer classification of employees as independent contractors is that the Labor Management Relations Act does not consider the latter to be employees. Thus, independent contractors cannot vote in union representation elections or be party to collective bargaining agreements. The NLRB would dismiss the petition of a union aiming to represent these workers. In general, the NLRB considers workers with little control over the methods of production or ownership interest in same to be employees. Workers with little control over their income are also deemed employees.

United States. National Labor Relations Board

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Who's the boss? How discrimination law treats leased employees, independent contractors, and consultants

Article Abstract:

The emergence and popularity of nontraditional employment situations makes it crucial for employers to resolve issues about control of employees and indemnification against lawsuits when the relationship begins. Leasing companies, insurance companies, independent contractors, and consultants all raise special issues. Employers should treat control as all-or-nothing, and avoid responsibility greater than their ability to control problems. Where companies effectively pool employees, they may be aggregated for some purposes.

Legal Protection, United States, Corporate counsel, Consultants, Consultants (Persons), Employment discrimination

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Unit placement decisions in acute care hospitals

Article Abstract:

The NLRB in 1989 promulgated a rule giving eight standard collective bargaining units for acute care hospitals, which the US Supreme Court affirmed in American Hospital Ass'n v NLRB. The eight units are registered nurses, physicians, professional employees, technical employees, skilled maintenance employees, clerical employees, guards and nonprofessional employees. Hospital management's fear that this rule will facilitate union organizing may have some justification.

Hospitals, Collective bargaining

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