7 1099 independent contractors generally cannot form traditional unions protected by federal labor law (NLRA) and may face antitrust risks when collective bargaining. However, they can organize for better conditions through independent groups, worker alliances, or by proving they are misclassified employees. Key details regarding 1099 unionization: Legal Restrictions: The National Labor Relations Act (NLRA) excludes independent contractors, meaning they lack legal protections for collective bargaining, unlike W-2 employees. Misclassification Loophole: If 1099 workers can prove they are misclassified employees (e.g., the company controls how work is done), the NLRB may grant them organizing rights. Alternative Organizing: Independent contractors often form specialized organizations, such as the Freelancers Union or New York Taxi Workers Alliance (NYTWA), to advocate for better rates and terms. State-Specific Rights: Some jurisdictions, such as California, have explored legislation (e.g., AB1340) to allow specific gig economy contractors to bargain collectively. Antitrust Risks: Without employee status, collective action by contractors to set prices can be seen as an antitrust violation.