On Aug. 27, 2015, the National Labor Relations Board (NLRB), the federal agency responsible for regulating labor law, issued a controversial landmark decision, which overturned 30 years of established precedent and has the potential to upend traditional labor relations. In the Browning-Ferris decision, the NLRB was sharply divided, with its three Democratic members ruling in favor of the new rule, and its two Republican members issuing a lengthy and scathing dissent. Specifically, the majority changed the test for determining who an “employer” of a particular worker is, opening up employers who use contract workers or temporary employees to increased organizing and labor dispute concerns, whether or not those employers are unionized.
In recent years, unions and politicians alike have increasingly questioned the use of temporary workers, contract employees, and independent contractors. For example, Uber has been in the news recently over whether its drivers are employees of the company or independent contractors, and McDonald’s has been challenged on the amount its franchises pay employees. Even Democratic presidential hopeful Hillary Clinton has stated that the “on demand or so called ‘gig’ economy is creating exciting opportunities and unleashing innovation, but it’s also raising hard questions about workplace protections and what a good job will look like in the future.”