By Nelson Cary and Lauren Sanders on Posted in Independent Contractors,Union OrganizingThe 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
By Nelson Cary and George Stevens on Posted in NLRB,Union OrganizingThe 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
