Senators Braun, Burr Lead In Preserving
Independent Contractor Classification
Senator Mike Braun and Senator Richard Burr, Ranking Member of the Senate Committee on Health, Education, Labor and Pensions, are leading an amicus brief to the National Labor Relations Board regarding The Atlanta Opera, Inc. 371 NLRB No. 45 (2021), which may upend the established precedent for classifying workers as independent contractors under the National Labor Relations Act (NLRA). They are joined by Senators John Barrasso, Cynthia Lummis, James Lankford, Ted Cruz, Cindy Hyde-Smith, Jerry Moran, Rand Paul, Bill Hagerty, Roger Marshall, and Tim Scott.
This action by the National Labor Relations Board is a thinly-veiled attempt to institute worker classification changes contained within the Protecting the Right to Organize (“PRO”) Act that Congress could not enact. In August, Senator Braun anticipated that supporters of the PRO Act would “enact the remaining portions of the PRO Act by regulatory fiat through the NLRB,” which is now under Democrat control.
The Senators write:
“The Amici are the 12 undersigned United States Senators that are concerned with the potential attempt by the National Labor Relation Board (“NLRB” or the “Board”) to revise the definition of independent contractor under the National Labor Relations Act (“NLRA” or “Act”). Such a revision would constitute significant overreach and circumvention of Congress. Further, the questions posed by the Board are of great importance to our constituents, as the Board’s determination will have both immediate and long-term effects on millions of workers currently classified as independent contractors.” In the House of Representatives, Republican Study Committee Chairman Banks (IN-03), Rep. Rick Allen (GA-12), and Ranking Member Virginia Foxx (NC-5) are also leading an amicus brief on this case. They are joined by Madison Cawthorn (NC-11), Jeff Duncan (SC-03), Scott Perry (PA-10), Glenn Grothman (WI-06), Tim Walberg (MI-07), Elise Stefanik (NY-21), Marinette Miller-Meeks, M.D. (IA-02), Chris Jacobs (NY-27), Michelle Steel (CA-48), Bob Good (VA-05), Scott Fitzgerald (WI-05), Byron Donalds (FL-19), Glenn ‘GT’ Thompson (PA-15), John Rose (TN-06), Jay Obernolte (CA-08), Ralph Norman (SC-05), Debbie Lesko (AZ-08), Dan Bishop (NC-09), Tom McClintock (CA-04), Russ Fulcher (ID-01), Burgess Owens (UT-04), Ted Budd (NC-13), Diana Harshbarger (TN-01), and Buddy Carter (GA-01).