NLRB Invites Briefs Regarding Independent Contractor Status Under the National Labor Relations Act
The National Labor Relations Board (NLRB) issued a notice with its The Atlanta Opera, Inc. decision inviting amici to submit briefs to the NLRB addressing whether the Board should reconsider its standard for determining the independent contractor status of workers under the National Labor Relations Act.
In 2019, in the SuperShuttle DFW, Inc. decision, the NLRB overruled the prior standard for determining independent contractor status which was set forth in the FedEx Home Delivery decision in 2014. In this new notice, the NLRB is inviting the filing of briefs to afford interested amici the opportunity to address the following questions: (1) Should the NLRB adhere to the independent contractor standard in the SuperShuttle DFW, Inc. decision?; and (2) If not, what standard should replace it? Should the NLRB return to the standards in the FedEx Home Delivery decision, either in its entirety or with modifications?
Briefs not exceeding 20 pages in length may be filed with the NLRB by February 10, 2022. Briefs can be filed electronically on the NLRB’s e-filing website here.
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