Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Category Archives: Independent Contractors

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NLRB GC Says Uber Drivers are Independent Contractors

Posted in Independent Contractors, NLRB
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… Continue Reading

NLRB Revisits and Clarifies Test for Independent Contractors; Overturns 2014 NLRB Decision

Posted in Independent Contractors, Union Organizing
The Trump NLRB continues to revisit, and overturn, Obama-era decisions.  Late last week, in SuperShuttle DFW, Inc., the NLRB revisited the test for determining when a worker is an independent contractor, and in the process overruled the Obama NLRB’s decision in FedEx Home Delivery. First, however, a little background information.  As we have previously discussed,… Continue Reading

Some Guidance on Independent Contractors

Posted in Independent Contractors
I recently wrote about how the NLRB has made it easier to establish employee status and correspondingly more difficult to establish independent contractor status.  In a recent publication, two of my partners outline some pros and cons of using independent contractors.  While they focus  specifically on the oil and gas industry, their observations are readily applicable to… Continue Reading