Skip to content

You are here

The NLRB public website and associated services including E-Filing, Charge and Petition,
and MyAccount portal will be completely unavailable due to a data center outage
on Saturday, August 24th, 2019 from 6:00 AM until 12:00 PM EDT.
We apologize for any inconvenience this may cause.

The NLRB My Account Portal is now live. Click on the My Account Portal link above to access your account and perform many functions, including:

  • Viewing your E-File History
  • E-Filing additional documents to cases/inquiries to which you are a party
  • Managing addresses associated with your account

NLRB Returns to Long-Standing Independent-Contractor Standard

Washington, DC—Today, the National Labor Relations Board returned to its long-standing independent-contractor standard, reaffirming the Board’s adherence to the traditional common-law test.  In doing so, the Board clarified the role entrepreneurial opportunity plays in its determination of independent-contractor status, as the D.C. Circuit has recognized.

The case, SuperShuttle DFW, Inc., involved shuttle-van-driver franchisees of SuperShuttle at Dallas-Fort Worth Airport.   Applying its clarified standard, the Board concluded that the franchisees are not statutory employees under the National Labor Relations Act (the Act), but rather independent contractors excluded from the Act’s coverage. 

The Board found that the franchisees’ leasing or ownership of their work vans, their method of compensation, and their nearly unfettered control over their daily work schedules and working conditions provided the franchisees with significant entrepreneurial opportunity for economic gain.  These factors, along with the absence of supervision and the parties’ understanding that the franchisees are independent contractors, resulted in the Board’s finding that the franchisees are not employees under the Act.  The decision affirms the Acting Regional Director’s finding that the franchisees are independent contractors.

Today’s decision overrules FedEx Home Delivery, a 2014 NLRB decision that modified the applicable test for determining independent-contractor status by severely limiting the significance of a worker’s entrepreneurial opportunity for economic gain.

Chairman John F. Ring was joined by Members Marvin E. Kaplan and William J. Emanuel in the majority opinion.  Member Lauren McFerran dissented. 

 

Connect with Us