'Enough control' | Google owner Alphabet faces fresh joint employer complaint over contract workers

Google owner Alphabet faces fresh joint employer complaint over contract workers

Google owner Alphabet is embroiled in a new legal challenge, with the US National Labor Relations Board (NLRB) filing a second complaint accusing the tech giant of being a "joint employer" of contract workers, requiring it to negotiate with their union.

The latest grievance concerns around 50 San Francisco-based content creators employed by Accenture Flex, an IT staffing firm, who joined the Alphabet Workers Union in 2023. The complaint alleges that Google shares enough control over these workers to be deemed their employer.

The case could have significant implications for Google's workplace practices. A joint employer designation would compel the company to engage in collective bargaining and make it accountable for any violations of federal labor laws.

Bargaining disputes and labor complaints

The Alphabet Workers Union has also accused Google and Accenture Flex of altering working conditions without proper consultation, a claim the NLRB is currently investigating. It follows a January 2024 ruling where the board determined that Google must bargain with YouTube Music workers, employed by a different staffing firm, who had unionized. Google is set to appeal that decision in court later this month.

Google has consistently denied that it exercises sufficient control over contract workers to qualify as their joint employer. In recent years, the company has taken steps to reduce its perceived obligations, including eliminating a $15-per-hour minimum wage for contractors and implementing other changes to limit union engagement.

Shifting regulations

The broader context of the dispute is a fluctuating legal standard for defining joint employment. During the Obama administration, the bar for establishing joint employer status was lowered, enabling more workers to hold corporations accountable for labor practices.

A 2024 NLRB rule making it easier to designate joint employers was overturned in court. President-elect Donald Trump’s appointees are widely expected to implement a more business-friendly standard.

Google has faced increasing labor unrest in recent years, with worker protests over policies ranging from pay equity to ethical concerns about business practices. The Alphabet Workers Union, an affiliate of the Communication Workers of America, has been at the forefront of the movement.

The current complaint will be heard by an administrative judge, with the potential for the NLRB’s five-member board to review the decision. Both Google and the Alphabet Workers Union declined to comment on the latest developments.

The case provides further evidence of the rising tensions between tech giants and organized labor, as the debate over contract worker rights and corporate accountability continues to intensify.

For HR leaders, it highlights a need to reassess the organization's approach to contractor relationships and union negotiations. Chief Human Resources Officers must proactively align with legal teams to ensure compliance with shifting regulations while maintaining transparency and fairness in employment practices. Failure to do so could result in litigation, reputational damage, and a challenging precedent for managing contractor workforces in an increasingly unionized environment.

You are currently previewing this article.

This is the last preview available to you for the next 30 days.

To access more news, features, columns and opinions every day, create a free myGrapevine account.