Tag Archives: independent contractors

NLRB Overturns Obama-Era Independent Contractor Test

On January 25, 2019, the National Labor Relations Board issued a decision revising the test for independent contractor status under federal labor law. In SuperShuttle DFW, Inc., the Board ruled that the test for determining whether a worker is an independent contractor under the National Labor Relations Act (the “Act”) should focus on the degree of “entrepreneurial opportunity” available to the worker, rather than the worker’s economic dependency on those they serve or the degree of control exercised over the work.… More

DOL Withdraws Obama-Era Guidance on Joint Employment and Independent Contractors

On June 7, 2017, the United States Department of Labor (“DOL”) announced that it is withdrawing the prior Administration’s guidance on joint employment and independent contractors. The Obama Administration had issued Administrator’s Interpretations (“AI”) in 2015 and 2016 that demonstrated its expansive view of who was an “employer” and “employee” for purposes of compliance under the Fair Labor Standards Act (“FLSA”). “Joint employment” had been broadly defined to capture certain relationships between associated companies and companies that use third parties for labor.… More