On Friday, the National Labor Relations Board returned to its long-standing independent-contractor standard, reaffirming the Board’s adherence to the traditional common-law test. By doing so, NLRB clarified the role entrepreneurial opportunity plays in its determination of independent-contractor status, which the D.C. Circuit Court has recognized.
NLRB joint employer standard
After receiving 4,595 comments regarding its Notice of Proposed Rulemaking, the National Labor Relations Board has now released a draft of its proposed regulation establishing its "joint employer" standard, again asking for more comments prior to its completion.