In Gig Economy Win, NLRB Rules On Independent Contractor Status

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A welcome decision for companies that use contract labor.

Constangy, Brooks, Smith & Prophete, LLC

The National Labor Relations Board has recently reaffirmed “entrepreneurial opportunity” as an important factor in weighing independent contractor status.


The case, SuperShuttle DFW, Inc., involved shuttle-van drivers who were attempting to organize at the Dallas-Fort Worth Airport. The NLRB found that the drivers were not statutory employees under the National Labor Relations Act but independent contractors.

Independent contractors are not covered by the NLRA. 

For more than 50 years, the Board and the courts have revisited and refined the proper application of the common law factors to the independent contractor analysis.

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