NLRB Restores Longstanding Rules for Classifying Workers as Independent Contractors

February 01, 2019

The National Labor Relations Board has rescinded an Obama-era ruling and returned to using workers’ entrepreneurship as a pillar of the Board’s independent contractor classification test.

In its SuperShuttle decision, the NLRB overruled the 2014 FedEx Home Delivery decision, finding that franchisees’ leasing or ownership of their work vans, their method of compensation, and their nearly unfettered control over their daily work schedules and working conditions provided the franchisees with significant entrepreneurial opportunity for economic gain.