The Antitrust Division and the Potential Implications of a Labor Ruling for Gig Worker Organizing: A Look at the Atlanta Opera Amicus Brief

The Antitrust Division of the Department of Justice’s amicus brief in an appeal before the National Labor Relations Board (the “NLRB” or the “Board”) weighs in on a potential NLRB decision regarding who is an “employee” or an “independent contractor” under the National Labor Relations Act, a ruling that may have significant implications for the gig economy. Although the Antitrust Division did not take a position on the criteria that should be applied to determine if a worker is