Gig Workers’ Classification

Jamie works as a makeup artist for several entertainment companies in Atlanta. For the past 3 years, she has provided makeup services for performers at Harmony Productions, a regional performing arts company. Harmony has always classified Jamie as an independent contractor. They do not withhold taxes, provide benefits, or allow her to unionize. Jamie sets her own schedule, brings her own makeup supplies, and works for other clients.

Recently, Jamie learned about the 2023 Atlanta Opera case, where the National Labor Relations Board (NLRB) ruled that makeup artists and other stagehands at the Atlanta Opera should be classified as employees, not independent contractors, making them eligible for unionization. The NLRB applied a new worker-friendly test that emphasized workers’ entrepreneurial opportunity and their dependency on the employer.

Jamie and several other makeup artists are now considering challenging their classification at Harmony Productions, believing that they might qualify as employees under the new standards set by the Atlanta Opera case. Harmony insists that Jamie and her colleagues are true independent contractors who have significant control over their work and entrepreneurial opportunities.

Please read this article: Government Scrutiny of Gig Workers Is Misplaced.

Then, please discuss the following with your peers:

What key factors do you believe might determine whether Jamie should be classified as an employee or an independent contractor under the new standard?
What are the potential benefits and risks for gig workers who are reclassified as employees?
What broader implications might the Atlanta Opera case have for the gig economy and labor relations in the United States?

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