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ARTICLE · 25 OCTOBER 2016

National Labor Relations Board Assumes Worker Misclassification

Fisher Phillips LLP
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The Chicago regional office of NLRB has filed a complaint for unfair labor practices against Postmates, an on-demand delivery service that, "connects customers with local couriers who can deliver anything from any store or restaurant in minutes."

United StatesEmployment and HR
Philip Azzara
Philip Azzara
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The Chicago regional office of the National Labor Relations Board (NLRB) has filed a complaint for unfair labor practices against Postmates, an on-demand delivery service that, according to its website, "connects customers with local couriers who can deliver anything from any store or restaurant in minutes." The NLRB alleges that Postmates violated the National Labor Relations Act (NLRA) by prohibiting delivery workers from discussing the terms and conditions of their supposed "employment," and by requiring the workers enter into arbitration agreements.

It is worth noting that all employers are subject to the NLRA, whether they are unionized or not. Therefore, this situation warrants the attention of all gig economy companies.

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