The National Labor Relations Board has overruled FedEx Home Delivery, 361 NLRB 610 (2014). In that case, the Obama-Board decided that, in determining whether an individual is an independent contractor or an employee, “entrepreneurial opportunity represents merely ‘one aspect of a relevant factor that asks whether the evidence tends to show that the putative contractor is, in fact, rendering services as part of an independent business.’”
Home > Federal Law Articles > Labor Law > Coverage (NLRB) > NLRB Overrules Obama-Board Independent Contractor Precedent, Reinstates Common Law Test