NLRB complaint against Postmates raises specter of fight over employee classification

[Omaha Steve]

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By Alexia Elejalde-Ruiz Chicago Tribune

The Chicago regional office of the National Labor Relations Board filed a complaint against on-demand delivery service Postmates last week alleging labor violations against its drivers, raising a question that has dogged the gig economy since the rise of Uber: Are the drivers employees?

The complaint — which challenges the legality of the company's mandatory arbitration agreements, another controversial matter — does not explicitly address whether Postmates drivers are independent contractors versus employees entitled to protections under the National Labor Relations Act, such as the right to unionize and engage in concerted activity.

But the fact that the complaint was filed at all means that the NLRB is assuming the drivers are employees, a classification many gig economy employers have rejected because it would require them to pay for overtime, workers' compensation and other benefits tied to employee status.

Postmates declined to comment on pending litigation, but spokeswoman April Conyers said the company considers its delivery couriers to be independent contractors. The company, based in San Francisco, has until Oct. 20 to respond to the complaint.

FULL story http://www.chicagotribune.com/business/ct-postmates-nlrb-complaint-1013-biz-20161012-story.html