On January 25, 2019, the National Labor Relations Board ruled in SuperShuttle DFW, Inc. that franchisees who operate shared-ride vans for SuperShuttle at the Dallas-Forth Worth airport are independent contractors and thus are excluded from protection under the National Labor Relations Act. In finding that the drivers, who supply their own shuttle vans and pay franchise fees, are independent contractors, the Board overruled its 2014 FedEx Home Delivery decision. In FedEx, the 2014 Board had focused on an entity’s “right to control” a worker to determine whether he or she could be properly classified as an independent contractor. SuperShuttle rejected the Board’s 2014 analysis and found that it diminished the role that entrepreneurial opportunity plays as one of many factors used to correctly classify workers.
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