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Biden NLRB Decision Threatens Livelihoods of Over 70 Million Workers

Jun 14, 2023 by AFP

ARLINGTON, VA—Americans for Prosperity (AFP) made the following statement after the National Labor Relations Board (NLRB) issued its decision in The Atlanta Opera to narrow opportunities for freelancers across America. The decision potentially affects more than 70 million Americans who work as independent contractors, small business owners, or gig workers by restricting their ability to pursue self-employment and flexible work.


AFP’s VP of Government Affairs Akash Chougule said:

“The decision from the NLRB to significantly narrow independent contractor status under the National Labor Relations Act is a blatant misinterpretation of the law specifically intended to benefit organized labor. Unions attempt to organize less than one-tenth of one percent of all eligible employees in this country, but rather than simply trying harder at fulfilling the purpose of their existence, they’ve chosen to rely on Washington bureaucrats to push workers their way, and the Biden NLRB has unfortunately – but unsurprisingly – obliged.


“Congress should respond immediately by passing the Employee Rights Act to codify a sensible definition of ‘employee’ and protect the livelihoods of more than 70 million American freelance workers.”

AFP has continually defended Americans’ freedoms to choose the type of work they wish to pursue. Last year, Americans for Prosperity Foundation (AFPF) filed a brief defending flexible work in The Atlanta Opera case. Our work includes calling on Congress to stop Labor Secretary nominee Julie Su, opposing the PRO Act and its California style anti-worker ABC test in Congress, and supporting policies like Sen. Tim Scott’s Employee Rights Act that empower workers and entrepreneurs in today’s economy.