NLRB Regional Director Pursuing Charge That Amazon Is a Joint Employer with Its Contractor for Delivery Drivers
By Nicole Elgin & Hannah LaChance
By Barran Liebman LLP,
August 29, 2024 — The Regional Director of Region 31 of the National Labor Relations Board is pursuing a charge against Amazon that claims the company is a joint employer with Battle Tested Strategies (BTS), a contractor that Amazon uses to provide delivery drivers. The issue is whether employees of BTS are also employees of Amazon – i.e., whether the companies are joint employers. If Amazon is a joint employer with BTS, Amazon has labor law obligations to follow when dealing with BTS employees.
The original unfair labor practice charge in Case No. 31-CA-319781 was filed in June 2023. An amended charge was filed on August 7 and August 21, 2024. The International Brotherhood of Teamsters allege that BTS and Amazon failed to bargain in good faith over the impacts to BTS delivery drivers when Amazon did not renew its contract for BTS’s delivery services. Procedurally, a complaint is likely to issue against the alleged joint employers soon and the parties will head to a hearing before an Administrative Law Judge.
The issue of whether an entity is a joint employer with a contractor has been subject to contentious legal debate and litigation throughout the history of labor and employment law. This case serves as a reminder to employers working with contractors that they should analyze their relationship with the contractor in order to ensure compliance with relevant labor and employment laws.
For any questions about joint employment relationships or takeaways for your workplace’s specific labor relations needs, contact Nicole Elgin at 503-276-2109 or [email protected].
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Electronic Alerts are written by Barran Liebman attorneys for their clients and friends. E-Alerts are not intended as legal advice, but as employment law, labor law and employee benefits announcements. If this has been forwarded to you, and you would like to receive Electronic Alerts directly, call 503-276-2115 or email [email protected]. Copyright © 2024 by Barran Liebman LLP.
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