Richard Reibstein, a Partner in Locke Lord’s Labor and Employment Practice in New York and Co-Chair of the Firm’s Independent Contractor Misclassification and Compliance Practice, provided insight to the Los Angeles Times on the National Labor Relations Board (NLRB) decision ruling against a union that was seeking to represent van drivers who provide shuttle bus services for SuperShuttle at the Dallas-Fort Worth airport. The NLRB’s decision ruled that the shuttle van drivers were independent contractors, not employees, and did not have the right to organize. Reibstein cautioned that the decision has limited application: “The NLRB’s decision is . . . limited to determining only if certain individuals are employees that can be represented by a union. It has no application to state or federal wage and hour laws.”
Reibstein added, however, “Transportation companies worried about being unionized have less to be concerned about after this decision today by the NLRB.”
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