Supershuttle Transports Independent Contractor Status into the Spotlight

 

Harkavy, Michelle - 300dpi
Michelle Harkavy

Executive Summary: On January 25, 2019, the National Labor Relations Board (NLRB) affirmed the Acting Regional Director’s determination that franchisees who drive for SuperShuttle are independent contractors, not statutory employees, and therefore are unable to organize or join a union. See SuperShuttle DFW, Inc., and Amalgamated Transit Union Local 1338(Case 16-RC-010963). In reaching this decision, the Board shifted the analysis back to the common-law agency test it has long used for determining when a worker will be considered an independent contractor rather than an employee for purposes of coverage under the National Labor Relations Act (NRLA). The Board’s decision in SuperShuttle emphasizes the role of entrepreneurial opportunity and rejects the overemphasis placed on “right to control” by its 2014 decision in FedEx Home Delivery, 361 NLRB 610 (2014). Continue reading

NLRB Proposes Rulemaking to End Rollercoaster of Joint-Employer Decisions

Gray, Kristin - 300dpi
Kristin Gray

On September 14, 2018, the National Labor Relations Board (NLRB) published a Notice of Proposed Rulemaking aiming to clarify the joint-employer standard and, as discussed in the NLRB’s September 13th announcement, “foster predictability, consistency and sustainability in the determination of joint-employer status.”  The Proposed Rulemaking would put an end to the dizzying twists and turns of recent decisions on the standard for determining when two businesses are joint-employers.  Continue reading

NLRB Tosses “Overwhelming Community of Interest” Standard and Returns to the “Traditional Community of Interest” Standard in Determining Appropriate Bargaining Units

Executive Summary: On December 15, 2017, the National Labor Relations Board (NLRB or Board) overruled Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB 934 (2011), which required an “overwhelming community of interest” when determining the appropriateness of a bargaining unit, and returned to the “traditional community of interest” standard that the Board has applied throughout most of history. See PCC Structurals, Inc. and International Association of Machinists & Aerospace Workers, AFL-CIO, District Lodge W24, Case 19-RC-202188.

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