NLRB Returns to Traditional Independent Contractor Standard -
On January 25, 2019, in SuperShuttle DFW, Inc., the National Labor Relations Board (NLRB) returned to its traditional independent contractor standard based on the common law. In doing so, the Board overturned a 2014 decision that “impermissibly altered the Board’s traditional common-law test for independent contractors by severely limiting the significance of entrepreneurial opportunity to the analysis.” Of course, this decision is limited to independent contractor inquiries under the National Labor Relations Act.
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