NLRB Restores Former Independent Contractor Test, Vets Airport Shuttle Franchisees' Entrepreneurial Opportunities | Practical Law
In SuperShuttle DFW, Inc., the National Labor Relations Board (NLRB) returned to its long-standing independent-contractor standard, reaffirming the NLRB's adherence to the traditional common-law test. The NLRB overruled FedEx Home Delivery, a decision that modified the applicable test for determining independent-contractor status by limiting the significance of a worker's entrepreneurial opportunity for economic gain. The NLRB concluded that the workers (franchisees) are not employees under the National Labor Relations Act (NLRA), but rather independent contractors.