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

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

NLRB Revisits Independent Contractor Definition

Posted in NLRB, Union Organizing

Employees are permitted to join unions.  Independent contractors are not.  Thus, whether a particular working relationship involves an “employee” or an “independent contractor” is extremely important.  Recently, the NLRB has made it easier to establish employee status and correspondingly more difficult to establish independent contractor status. The case involved delivery drivers for Federal Express Home… Continue Reading

Employer Must Read NLRB’s Notice Aloud to Employees

Posted in NLRB

Late in 2010, the Acting General Counsel announced his intent to pursue additional remedies against employers alleged to have violated the NLRA.  The recent decision in OS Transport LLC, 358 N.L.R.B. No. 117 (Aug. 31, 2012), is a good example of the NLRB’s acceptance and enforcement of these remedial requests. In OS Transport, the AGC alleged that the… Continue Reading