NLRB Rejects New Independent Contractor Test Established by Obama-Era Board

The Republican-majority National Labor Relations Board (NLRB), in another ruling targeting some of the expansive policies that were set in place by the Democrat-controlled Board during the Obama Administration, has restored the traditional test that had been routinely applied previously for determining whether a worker is an employee or an independent contractor under federal labor law. 

The Board in SuperShuttle DFW, Inc., 367 NLRB No. 75 (January 25, 2019),found that airport shuttle bus drivers who contracted with SuperShuttle for the right to use its trademark and transportation system were independent contractors, not employees, citing their ability to engage in “entrepreneurial opportunities.”

A copy of the Board’s decision in SuperShuttle DFW, Inc. can be found here.

Members of the Center for Workplace Compliance (CWC) can read more here.