New Case Shows That "Uber-Ization" Of Workforce Could Lead To Misclassification Challenges

Earlier this week, I wrote an article about a recent NLRB decision where the Board found a group of workers who provide video content services for the display board at Minnesota Timberwolves basketball games to be incorrectly classified as independent contractors (read it here: " Labor Board Dunks On Employer's Contractor Classification Attempt"). Although this case did not directly involve the gig economy, there was one gig-like aspect to the job that became a pivotal point in the decision. Like many sharing economy companies, the Timberwolves had a roster of potential workers available to perform work when needed. For a typical event (in this case, an NBA or WNBA game), only 16 workers were needed; the business retained a roster of over 50 skilled individuals who could perform the work. When the need arose, the business would send out a call to the 50+ workers and fill the 16 slots from the individuals who said they were available. There is no indication in the record