Chicago employment lawyer M. Nieves Bolaños assisted in the preparation of an amicus curiae brief for the United States Supreme Court in the New Prime, Inc v. Oliveira case. The case was decided, 9-0, in favor of the employees’ position. The brief, which is available here, explained how lease operator drivers can be misclassified as independent contractors and the impact that doing so has on workers for wage and other cases. The Supreme Court brief explained that:
“The misclassification of drivers like Mr. Oliveira as independent contractors is part of a broader set of labor recruitment and management practices of workers by Prime and similar firms. This constellation of practices creates a direct disadvantage to the misclassified drivers and other honest employers, and more broadly threatens the economy by contributing to a growing shortage of truck drivers in the United States. This poses a serious threat to the nation’s economy which is largely dependent on the movement of goods.”