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The Atlanta Opera, Inc.

372 N.L.R.B. No. 95 (2023)

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The Atlanta Opera, Inc.

National Labor Relations Board
372 N.L.R.B. No. 95 (2023)

SC

Facts

In 2021, Make-up Artists and Hair Stylists Union, Local 798 IATSE (plaintiff) filed a complaint at the National Labor Relations Board (NLRB) asserting that stylists working for the Atlanta Opera, Inc. (the opera) (defendant) were employees. The opera controlled every detail of how the stylists were to make their characters look and directed the work with continuous feedback. The opera also controlled the stylists’ schedules, including timing of rehearsals and performances, and availability of overtime. Stylists were paid at an hourly rate. Further, the opera supplied everything the stylists needed to perform their jobs, including workspace and equipment. The opera asserted that the stylists were independent contractors. The NLRB acting regional director ruled that the stylists were employees. The opera appealed to the full NLRB. In the 2019 decision SuperShuttle DFW, Inc. and Amalgamated Transit Union Local 1338, the NLRB had found that SuperShuttle drivers were independent contractors not covered by the National Labor Relations Act (the act). SuperShuttle overruled prior NLRB decisions finding that whether workers had a significant entrepreneurial opportunity for gain or loss in the job was the primary consideration in employment classification.

Rule of Law

Issue

Holding and Reasoning ()

Concurrence/Dissent (Kaplan, Member)

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