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The Narrow Scope Of NLRB's Independent Contractor Memo

Law360 (June 5, 2019, 12:49 PM EDT) -- The National Labor Relations Board’s memorandum[1] concluding that Uber drivers are independent contractors was a natural outgrowth of the board’s Jan. 25, 2019 SuperShuttle[2] decision, and another favorable application of federal workplace law for gig economy companies. However, employers should be cognizant that this recent board activity is only controlling on issues for which the board has jurisdiction — most significantly, union organizing. 

Outcomes less favorable to companies seeking to use independent contractors are possible when similar facts are applied to the varying tests that are controlling in other contexts, including under state wage-and-hour law. Thus, companies relying on independent contractors must continue to...

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