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Wednesday, April 8, 2020

Menard alleges the NLRB is exceeding authority in action over independent contractors

By Noddy A. Fernandez | Jun 1, 2018

General court 06

MADISON, Wisc. (Legal Newsline) – A Wisconsin corporation that sells home improvement goods alleges a federal agency has exceeded its authority regarding a lawsuit.

Menard Inc. filed a complaint on May 18 in the U.S. District Court for the Western District of Louisiana against the National Labor Relations Board alleging that the government agency violation of the Federal Administrative Procedure Act.

According to the complaint, the defendant filed a suit against the plaintiff in 2017 over allegations that K & S Deliveries LLC were employees of the plaintiff rather than independent contractors. The suit states Menard won the case and the defendant did not appeal the decision.

The suit states on April 19, the defendant contacted it and informed its counsel that it would proceed with a complaint "despite the independent contractor determination."

The plaintiff holds National Labor Relations Board responsible because the defendant allegedly pursued an action despite the clear statutory exemption of independent contractors from coverage under the Federal Administrative Procedure Act.

The plaintiff seeks declaratory judgment that the defendant exceeded its authority, award of costs, attorney's fees, and such other relief as the court deems just and proper. It is represented by Gary K. Roehm of Gary K. Roehm in Eau Claire, Wisconsin.

U.S. District Court for the Western District of Louisiana case number 3:18-cv-00376-WMC

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Organizations in this Story

National Labor Relations BoardU.S. District Court for the Western District of Wisconsin