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U.S. Supreme Court,
Labor/Employment,
Administrative/Regulatory

Jan. 28, 2019

NLRB returns to common law test for independent contractors

With its new conservative majority, the National Labor Relations Board reaffirmed its adherence to the traditional common law test.

With its new conservative majority, the National Labor Relations Board has returned to its longstanding independent contractor standard, reaffirming adherence to the traditional common law test it observed prior to an Obama-era reversal in 2014.

In examining a case where van-driver franchisees of SuperShuttle at Dallas-Fort Worth Airport claimed to be statutory employees of the airport, board Chairman John F. Ring and members Marvin...

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