Tag Archives: independent contractor

NLRB Overrules Obama-Board Independent Contractor Precedent, Reinstates Common Law Test

The National Labor Relations Board has overruled FedEx Home Delivery, 361 NLRB 610 (2014). In that case, the Obama-Board decided that, in determining whether an individual is an independent contractor or an employee, “entrepreneurial opportunity represents merely ‘one aspect of a relevant factor that asks whether the evidence tends to show that the putative contractor … Continue Reading

Sour Note – Musicians Are Employees, Not Independent Contractors, NLRB Tells Theater Company

A Regional Director of the National Labor Relations Board has ruled that a group of musicians were statutory employees under the National Labor Relations Act and, therefore, entitled to vote in an NLRB-conducted union representation election. In the Matter of Fiddlehead Theatre Company, Inc. and Boston Musicians Association et al., Case Number 01-RC-179597 (July 26, … Continue Reading

NLRB’s Camelot: A Less Congenial Spot for Happy Independent Contracting

Trying to keep track of the “tests” that various government agencies use to determine whether an individual is (or is not) an independent contractor? Don’t ignore the National Labor Relations Board’s latest. It was applied recently in Sisters’ Camelot, 363 NLRB No. 13 (Sept. 25, 2015). Whether individuals performing services for an entity are employees, … Continue Reading
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