Law Gives U.S. Workers ‘Broad’ Protections, Says New NLRB Chair
Lauren McFerran takes an expansive view of workers’ right to collective action—and who qualifies as an employee.
McFerran
Photographer: Gabriella Demczuk for Bloomberg Businessweek
In 1935, when Congress passed the National Labor Relations Act and established employees’ right to protest and organize, it gave Americans a single place to file complaints if those rights were violated: the National Labor Relations Board, a five-member federal agency charged with interpreting and enforcing the law.
Under the Trump administration, the NLRB took a narrow view of workers’ rights. Its general counsel determined in 2019 that Uber drivers were contractors, not employees entitled to legal protections. The board issued rulings and regulations making it easier for companies to ban organizing discussions via company email, and harder to hold companies such as McDonald’s Corp. liable for what happens in franchised restaurants.