New York Partner Richard Reibstein Quoted by Law360 on National Labor Relations Board’s Decision Surrounding Test for Independent Contractor Status

Richard Reibstein, co-head of Locke Lord’s Independent Contractor Misclassification and Compliance Practice, was quoted by Law360 analyzing the National Labor Relations Board’s long-awaited decision addressing the test for independent contractor (IC) status and whether a worker is classified as an IC or employee under the National Labor Relations Act. Reibstein noted while the decision will loosen the test for employee status and will likely result in more efforts by unions to organize workers classified as ICs, the impact of the decision will likely be “minor because the outcome under either of these similarly formulated tests will be the same in 95% of cases.”

"It's only a select few [cases] where the factors are so close, that a slight deviation from one test to another may make a difference," Reibstein said.

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