The Teamsters union made big news with their announcement last month that a group of Amazon delivery drivers (working for a third party delivery contractor named Battle Tested Strategies or “BTS”) had – for the first time – unionized and negotiated a contract. The messy aftermath underscores how crucial it is that the National Labor Relations Board’s (“NLRB”) forthcoming final rule on joint employment includes worker surveillance as a factor in its finding of control.
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