Debra Friedman and Christopher Hennessy discussed how the employee versus independent contractor distinction is significant and has far-reaching implications for businesses. Within the past five years, the National Labor Relations Board (the Board) has changed course over the factors to resolve the “employee versus contractor” distinction under the National Labor Relations Act (NLRA). On January 25, 2019, the Board issued a decision in SuperShuttle DFW Inc., 367 N.L.R.B. No. 75, 2019 BL 24595 (2019), that -- depending on one's perspective -- either reverses four years of precedent or rights the ship that was set astray in 2014 with the decision in FedEx Home Delivery, 361 N.L.R.B. 610, 201 LRRM 1050 (2014).
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Reproduced with permission. Published 3/31/2019 by The Bureau of National Affairs, Inc. (800-372-1033) <http://www.bna.com>