The NLRB Takes Another Bite at Workers’ Rights: Common Law Test for Determining Independent Contract

On January 25, 2019, in SuperShuttle DFW, the National Labor Relations Board (Board) reversed FedEx Home Delivery and returned to its traditional common law test for determining employee vs independent contractor status under the National Labor Relations Act (NLRA). SuperShuttle DFW, Inc. concerned airport shuttle drivers who transported passengers to and from the Dallas-Fort Worth airport. The drivers signed a one-year franchise agreement with SuperShuttle, under which each driver supplied its own van, paid a flat one-time initial fee, and then a flat weekly fee for the right to use the company’s brand name and its dispatch and reservation systems. However, SuperShuttle retained the right t

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