Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

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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

It’s All About Control: NLRB Expands Key Joint Employer Rule

Posted in NLRB, Union Organizing

The NLRB dealt a blow to employers yesterday, releasing its long-awaited decision in Browning-Ferris Industries. In a 3-2 decision (pdf), the NLRB rolled back nearly thirty years of case law to “restate” its joint employer standard.  The result:  a far more expansive test that is centered firmly on the question of control — even indirect or… Continue Reading