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
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