Last month, the NLRB General Counsel issued an advice memorandum concluding that Uber drivers are independent contractors.  The GC applied the recent NLRB decision in Super Shuttle, which clarified the test applied under the NLRA to determine “employee” status.  In the process, it overturned an Obama Board precedent that the NLRB majority held was incorrectly decided.  As a result of this action, the GC directed that three different ULP charges filed against Uber be dismissed.

Recently, my partner Jackie Ford and I discussed the Uber advice memorandum in a recent podcast for the Vorys at Work series.  Those with an interest in the GC’s decision and how it could impact employers in different industries can listen to the podcast here.