The Eleventh Circuit Court of Appeals overturned the NLRB’s finding that stagehands in the Atlanta area were employees rather than independent contractors. The Court found that the NLRB repeatedly misapplied the law and disregarded undisputed facts that rendered the stage hands independent contractors. Among other things, the Court determined that the NLRB improperly discounted the right of the stage hands to accept or refuse work, gave no weight to the independent contractor agreement, and improperly concluded that the company controlled the manner and means of work. This case is an important setback for the NLRB, which is currently considering ways to alter its test for independent contractor. Hopefully, the Board will take the Court’s cue that not everyone is an employee subject to NLRB jurisdiction. (Crew One Productions, Inc. v. NLRB, February 3, 2016, Pryor, W.)