DOJ Takes Strong Pro-Worker Stance in Atlanta Opera NLRB Brief

1099 14th Street, National Labor Relations Board. Photograph by Geraldshields11, see here.

Open Markets applauds DOJ for standing with workers, not powerful employers

WASHINGTON— Earlier today, the Justice Department filed a strong pro-worker amicus brief in the National Labor Relations Board's Atlanta Opera, Inc. case. The case addresses the important question of who constitutes an "employee" under federal labor law. The DOJ's brief calls on the NLRB to clarify and broaden the definition of employment to allow more Americans to exercise their right to organize under the National Labor Relations Act without fear of antitrust prosecutions.

In it’s brief, the DOJ quotes comments from Open Markets Institute’s legal director, Sandeep Vaheesan, at the December 2021 DOJ-FTC Public Workshop on Promoting Competition in Labor Markets.

In response to this brief, Sandeep Vaheesan issued the following statement:

"The DOJ today made clear it stands with workers, not powerful employers. In encouraging the NLRB to broaden the definition of ‘employee,’ the DOJ supports extending fundamental rights of freedom of association to more Americans.

“Further, the DOJ recognizes that employers, by misclassifying workers as independent contractors, can obtain an unfair competitive advantage over rivals that comply with labor and employment laws.

“This amicus brief is a deeply important policy reversal from past administrations that used their antitrust authority to attack, instead of respect, organizing by workers. All of us at Open Markets strongly applaud today's very important action.”

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