NLRB Returns to Long Standing Independent Contractor Standard

National Labor Relations Board (NLRB) Returns to Long Standing Independent Contractor Standard

According to, the NLRB has returned to its long standing independent contractor standard. This reaffirms the Board’s adherence to the traditional common-law test.

The NLRB has recognized that entrepreneurial opportunity is one of the determining factors in deciding independent contractor status.

The NLRB acknowledges that compensation method, control over daily work schedules and working conditions play a significant role in potential significant economic gain. These combined with an absence of overriding supervision can help define an independent contractor as opposed to a company employee.

This decision overrules the FedEx home Delivery NLRB decision from 2014.

This is good news for protecting the status of the transportation industries owner operators.

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