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Independent Contractors FedEx

Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent... more +
Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent contractor is not always an easy determination. However, due to differences in tax and liability treatment, misclassifying an employee as an independent contractor can have serious consequences. Autonomy is the defining feature of independent contractor arrangements. Independent contractors control the manner and method of how work is performed while payers control the desired result. Control over schedule and number of hours worked, ownership of equipment or tools, permanency of relationship, and acceptance of jobs from multiple entities are all possible factors in determining whether a worker is an employee or independent contractor.   less -
CDF Labor Law LLP

NLRB Revives A More Stringent Standard For Independent Contractor Classification

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Consistent with other changes instituted by the National Labor Relations Board (NLRB) since President Joseph R. Biden took office, this past week, the Board reverted to the pre-Trump-era FedEx Home Delivery, 361 NLRB 610...more

Proskauer - Labor Relations Update

Third Act: NLRB Reinstates Employee-Friendly Independent Contractor Analysis under the NLRA

In a hotly-anticipated decision, The Atlanta Opera, Inc., 372 NLRB No. 95 (2023), the National Labor Relations Board (“NLRB” or “Board”) overturned the existing legal standard for determining whether a worker is an employee...more

Jackson Lewis P.C.

Top Five Labor Law Developments for December 2021

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1. The National Labor Relations Board (NLRB) announced on Dec. 10 that it will again revisit its joint employer standard. The agency’s 2022 regulatory agenda includes plans to engage in the formal rulemaking process on the...more

Foley & Lardner LLP

NLRB Announces it Will Revisit its FedEx and SuperShuttle Decisions in Atlanta Opera

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On Monday, December 27, 2021, the National Labor Relations Board (the “Board” or the “NLRB”) issued a notice of proposed rulemaking and invited public participation in reconsidering the test for classifying independent...more

Locke Lord LLP

Courts Unlikely to Accept a New NLRB Independent Contractor Test

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Earlier this week, the National Labor Relations Board issued an Order inviting the public to file briefs in a case involving the independent contractor status of workers providing makeup and hairstyle services to the Atlanta...more

ArentFox Schiff

NLRB To Reconsider Independent Contractor Standard

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In a notice issued yesterday in The Atlanta Opera, Inc. 371 NLRB No. 45 (2021), the National Labor Relations Board (NLRB or Board) invited parties and amici to submit briefs addressing whether the Board should reconsider its...more

Console and Associates, P.C.

Dangers Delivery Drivers Face

We Looked at Ten Years of Delivery Driver Data: Here’s What We Learned - Whether delivery drivers are transporting packages, groceries, takeout food, or people, they’re also carrying a greater risk, compared to the average...more

Robins Kaplan LLP

Financial Daily Dose 12.17.2019 | Top Story: USMCA Back on Track After Last-minute Wrangling

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The United States and Mexico appear poised to move past a last-minute snag over new language on Labor Department attaches to posts in Mexico. Mexico feared that the diplomats would “act as labor inspectors,” and for a day or...more

Jackson Lewis P.C.

Labor Board Returns To Pre-2014 Test For Determining If Individual Is An Independent Contractor

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The National Labor Relations Board (NLRB) has held that in deciding whether an individual is an independent contractor or an employee, it will return to focusing on the extent to which the arrangement between the ostensible...more

Parker Poe Adams & Bernstein LLP

NLRB Overturns 2014 Independent Contractor Test

In a decision with major implications for companies in the “gig economy,” on January 25 the National Labor Relations Board reversed an Obama-era case that established a tougher test for companies to contend that their workers...more

Dickinson Wright

NLRB Focuses on “Entrepreneurial Opportunity” to Return to Pre-Obama Board Independent Contractor Test

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For those keeping track, there are number of different (yet somewhat similar) tests agencies and courts use to determine whether a worker is an employee or an independent contractor. ...more

Holland & Knight LLP

NLRB Restores Common Law Agency Test for Independent Contractor/Employee Status Under NLRA

Holland & Knight LLP on

• In SuperShuttle DFW, Inc., a National Labor Relations Board (NLRB, or Board) majority overruled its 2014 decision in FedEx Home Delivery and held that shuttle-van-driver franchisees of SuperShuttle at Dallas Fort Worth...more

Benesch

NLRB Restores Independent Contractor Test in SuperShuttle

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On Friday, January 25, 2019, the National Labor Relations Board (“NLRB”) overruled an Obama-era decision focused on determining whether workers were independent contractors or employees and restored entrepreneurship as a key...more

Sherman & Howard L.L.C.

NLRB Brings Back Independent Contractor Test

In a case handled by Sherman & Howard’s Labor and Employment Department, the National Labor Relations Board (“NLRB”) returned to its traditional independent contractor test, reversing the Obama Board’s 2014 decision in FedEx...more

Jackson Lewis P.C.

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

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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,...more

Locke Lord LLP

December 2018 Independent Contractor Misclassification and Compliance News Update

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There were only a handful of independent contractor misclassification cases of significance in December, but each of those matters relate to the subject of prior comprehensive posts on this blog....more

Locke Lord LLP

Five Key Independent Contractor Legal Developments in 2017 – and What to Expect in 2018 (Part I)

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2017 was notable for a shift in the law of independent contractors. Part 1, below, discusses five key legal developments from 2017 you should be aware of. Part 2, which will follow tomorrow, offers readers predictions of what...more

Locke Lord LLP

September 2017 Independent Contractor Misclassification and Compliance News Update

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September included three court cases that have attracted considerable attention in the area of independent contractor misclassification: an $8.75 million settlement in the nationwide class action against Postmates by its...more

Locke Lord LLP

August 2017 Independent Contractor Misclassification and Compliance News Update

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This past month was unusually “slow” in terms of developments in the law of independent contractor misclassification and compliance. There was no blockbuster court decision or lawsuit filed, although one interesting...more

Troutman Pepper

April 2017 Independent Contractor Misclassification and Compliance News Update

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April was a red-hot month for independent contractor misclassification cases. We report below on 11 cases in the courts and two before administrative agencies involving...more

Lewitt Hackman

FRANCHISEE 101: Special Delivery

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For a relationship to meet the legal definition of a "franchise" in some jurisdictions, the franchisor must give significant assistance to, or have significant control over, the franchisee's business. A franchisor's...more

Genova Burns LLC

New District of New Jersey Case Shows Importance of Requiring Drivers to Form Corporate Entities in Misclassification Cases

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Late last month, District of New Jersey Judge Robert B. Kugler partially granted FedEx Ground Package Systems Inc. (“FedEx”)’s Motion to Dismiss in a trucking misclassification case. The court dismissed several claims but...more

Troutman Pepper

March 2017 Independent Contractor Misclassification and Compliance News Update

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The past month included significant state and federal appellate court decisions, large settlements of IC misclassification class actions, class and collective action certifications, and two IC misclassification class actions...more

Genova Burns LLC

The D.C. Circuit Vacates NLRB Ruling on Driver Status in FedEx Case

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In early March 2017, the D.C. Circuit in FedEx Home Delivery v. NLRB, 2017 U.S. App. LEXIS 3826 (D.C. Cir. 2017) vacated a National Labor Relations Board (“NLRB” or “the Board”) ruling that Connecticut FedEx drivers...more

McGuireWoods LLP

Court of Appeals Again Rejects National Labor Relations Board, Finds FedEx Ground Drivers Are Independent Contractors

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The U.S. Court of Appeals for the D.C. Circuit in a published opinion earlier this month emphasized that it means what it says. In 2009, the Court held in FedEx I that single-route FedEx drivers in Wilmington, Massachusetts...more

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