Benesch: NLRB decision overturns use of ‘entrepreneurial opportunity’ super factor for classifying employees -

Benesch explains the labor board’s decision retains the 10-point test to determine who can be considered an employee and who’s an independent contractor. However, it overturns a Trump-era ruling which required the concept of “entrepreneurial opportunity,” rather than actual entrepreneurial activity, to take precedence. The Trump NLRB considered the original precedent to be too policy-driven and “diminished the significance of entrepreneurial opportunity.” The ruling of the Biden board turns that argument on its head, contending the Trump board’s reliance on “opportunity” supposed an economic reality “where workers are deemed ‘entrepreneurs.”