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In a January 25, 2019 decision in SuperShuttle DFW, Inc, the National Labor Relations Board returned to its long-standing independent-contractor standard, reaffirming the Board’s adherence to the traditional common-law test.  In doing so, the Board clarified the significant role entrepreneurial opportunity plays in its determination of independent-contractor status, as the D.C. Circuit has recognized.  The decision overrules FedEx Home Delivery, a 2014 NLRB decision that modified the applicable test for determining independent-contractor status by severely limiting the significance of a worker’s entrepreneurial opportunity for economic gain.

https://www.nlrb.gov/news-outreach/news-story/nlrb-returns-long-standing-independent-contractor-standard

https://www.nlrb.gov/case/16-RC-010963