NLRB Calls Nonprofit Canvassers Employees, Not Contractors

Law360, New York (September 28, 2015, 9:47 PM EDT) -- The National Labor Relations Board reversed an agency judge Friday and ruled that canvassers who collect donations for Minnesota nonprofit Sisters' Camelot are employees and not independent contractors, concluding that the nonprofit unlawfully fired a worker for engaging in union activity.

A three-member NLRB panel made up of Chairman Mark Gaston Pearce, Kent Hirozawa and Lauren McFerran looked at the Sisters' Camelot case through the lens of the labor board's FedEx Home Delivery decision in 2014, which Friday's ruling said “restated and refined” the analysis for determining whether workers are employees or independent contractors.

Sisters' Camelot, which distributes unsalable food to...

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