Richard Reibstein, co-head of Locke Lord’s Independent Contractor Misclassification and Compliance Practice, was quoted by Bloomberg Law examining the National Labor Relations Board’s (NLRB) decision surrounding the test for independent contractor status and whether the ruling will pass the D.C. Circuit Court, which had twice previously rejected the same test used by the NLRB.
“The dueling opinions between majority and dissent are little more than polemic exercises in anticipation of what is likely to come: a circuit court denial of enforcement,” Reibstein said.
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