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Employment Client Alert – Independent Contractor Test Revised by NLRB

On January 25th, the National Labor Relations Board (the “Board”) issued a decision that will make it easier for companies to maintain an independent contractor relationship with workers.  The Board’s decision in SuperShuttle DFW, Inc. overrules its 2014 decision in FedExHome Delivery, and returns to the prior test for determining whether an individual is an independent contractor.  Although the Board is now moving toward emphasizing entrepreneurial opportunity in making employee/independent contractor determinations, the analysis remains qualitative and such determinations are made on a case-by-case basis.  This alert provides further information regarding the Board’s analysis and the current test applied in making such determination.

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