NLRB Finds Symphony Orchestra Musicians “Employees” and Makes way for Petition
1 min read
Dec 29, 2011
On December 27, 2011, the National Labor Relations Board found that musicians at three different symphony orchestras in Pennsylvania, Massachusetts, and Texas were “employees” and not “independent contractors.” In reaching this decision, the Board found that though musicians have some control over their work, once they are selected, orchestra management has great control over the musicians in terms of their work hours, payment schedules, dress codes, and standards of behavior. This ruling overturns the Regional Director’s 2007 Decision and Order in which she found that the musicians in the petitioned-for bargaining unit were independent contractors, and the dismissal of the representation petition. By virtue of the new rulings, the employees may now proceed with their petitions.
Misclassifying workers as “independent contractors” when they should be “employees” can be costly for employers.
Featured Insights

Employment Law Observer
Oct 8, 2026
“We Didn’t Know” is No Longer an Employer Defense for Religious Accommodation Claims Under Title VII

In The News
Oct 8, 2026
Lucy Wang Analyzes What Insurers Need to Know About Two New California Laws

Lawyers' Lawyer Newsletter
Oct 8, 2026
The Rise of Management Service Organizations: How Lawyers and Lawmakers are Responding

In The News
Oct 7, 2026
Scott Seaman Discusses Google’s Coverage Battle Over Social Media Addiction Claims

Consumer Crossroads: Where Financial Services and Litigation Intersect
Oct 6, 2026
Mixed Messages Ongoing as Courts Disagree Whether Texts Constitute “Calls” Under the TCPA

Press Release
Oct 5, 2026
Mitchel Chargo Selected to the Seventh Edition of the Global Top 200 Cannabis Lawyers Directory

Consumer Crossroads: Where Financial Services and Litigation Intersect
Oct 2, 2026
Expansive New Commercial Financing Licensing Requirement Signed into Law in California

In The News
Oct 2, 2026
Spencer Kook Explores How AI is Reshaping the Insurance Workforce




