Carrie Hoffman Comments on NLRB Atlanta Opera Decision, Impact on Worker Classification

Foley & Lardner LLP Partner Carrie Hoffman is quoted in the Freight Waves article, “NLRB decision in opera case favors defining workers as employees, not ICs,” commenting on a recent National Labor Relations Board (NLRB) decision which marks a shift on the issue of worker classification. 

Hoffman said the changes from the NLRB decision in The Atlanta Opera, Inc. case are simply “returning to where we were pre-Super Shuttle,” a precedent set by the NLR in 2019 which made it easier to define workers as independent contractors (ICs) rather than employees.

“It is a return to the common law factor,” she explained, as opposed to the Super Shuttle decision, which was “much more employer friendly.”

Its impact will overwhelmingly be for actions taken by the NLRB, she added. 

Hoffman’s comments also appeared in Yahoo.