New Ruling Could Allow Gig Workers to Unionize

Some workers might need to be treated as employees, not independent contractors.

June 20, 2023

The U.S. National Labor Relations Board recently ruled that some workers, formally treated as independent contractors, might need to instead be handled as employees, opening the door to unionization of gig workers, Reuters reports.

The board released a previous standard under former U.S. President Donald Trump’s administration that said workers who operate their own businesses should generally be considered independent contractors. Instead, according to Reuters, the Democrat-led board has reverted to a former U.S. President Barack Obama-administration standard, which considers more factors when determining a worker’s status, including the amount of control a company has over a worker and if the worker depends on just one company for income.

The origin of the ruling stemmed from a case involving a campaign by Atlanta Opera makeup artists and hairstylists to unionize. The board ruled that the workers were, indeed, employees of Atlanta Opera and, as such, had a right to belong to a union.

According to the article, the opera company can refuse to bargain with any union organized by the workers, which would bring the case back to the board and, eventually, to a federal appeals court.

Reuters also reports that the U.S. Department of Labor is expected to finalize a rule that would narrow the criteria determining a worker’s independent contractor status under federal wage laws. The proposal would require that more workers who are “economically dependent” on one company be considered employees, entitling them to more benefits and legal protections. When first announced in October 2022, stocks of gig companies Uber, Lyft, and DoorDash all fell roughly 10%.

In a released statement, Kristin Sharp, Flex Association CEO, said, “This decision will only generate greater confusion and uncertainty, while undermining the independent work that millions of Americans have chosen, often in lieu of traditional employment.”

Latest Articles

Unlock the Secrets to Leadership
September 15, 2025 Jeff Cross

Unlock the Secrets to Leadership

September 15, 2025 CMM Staff

The Road to Clean Leads to Las Vegas

September 12, 2025 Jessica Violand-Bruno

The Truth About Waterproof Flooring

Sponsored Articles

Operational Efficiency Meets Sustainability
September 11, 2025 Sponsored by Essity Tissue's Tork Brand

Operational Efficiency Meets Sustainability

September 11, 2025 Sponsored by SPARTAN CHEMICAL CO.

Dispensing Made Simple®

September 11, 2025 Sponsored by SOFIDEL AMERICAN CORP

End Costly Clogs with Dissolve Tech®

Recent News

How to Attract and Retain Cleaners in a Competitive Market

How to Attract and Retain Cleaners in a Competitive Market

ChemWorks Aims to Eliminate Cleaning Chemical Hazards in Electronics Assembly

Poor Indoor Air Quality Could Push Younger Workers to Quit