The National Labor Relations Board is looking into the question of whether an employer’s misclassifying of workers as independent contractors is a violation of Section 8(a)(1) the National Labor Relations Act.

Last week, the NLRB put out a request for amicus briefs with a deadline of April 16.

The case in questions involves Velox Express Inc., and an NLRB administrative law judge has already found on Sept. 25 that Velox violated the National Labor Relations Act by classifying drivers as independent contractors. However, Velox argues that the mere misclassification of a worker as an independent contractor, without more, is not a violation of the Act.

A post in The National Law Review reported the call for briefs indicates the NLRB could provide a ruling later this year. “Until then, employers may not know where they stand with the board, but they do know they still have to account for the IRS, DOL and state agencies on this front,” according to the post.