NLRB Advice Memo on Independent Contracting

In 2019, the NLRB’s General Counsel issued an advice memo concluding that drivers providing services through an app were not employees, but instead independent contractors.  The decision is critical because advocates of AB-5 argue that under California’s new law, gig workers would get the right to organize unions.  Since union rights are a product of federal, not state, law, the GC memo demonstrates that union rights do not flow automatically from AB-5.