Split NLRB Finds Franchisees Running Shared-Ride Vans Are Independent Contractors

(January 28, 2019, 10:13 AM EST) -- WASHINGTON, D.C. — A divided National Labor Relations Board on Jan. 25 overruled FedEx Home Delivery, 361 NLRB 610 (2014), stating that it improperly “limited the importance of entrepreneurial opportunity” when deciding the status of workers and held that franchisees who operate shared-ride vans for SuperShuttle DFW Inc. are independent contractors, not employees, under the National Labor Relations Act (NLRA) (SuperShuttle DFW, Inc. and Amalgamated Transit Union Local 1338, No. 16-RC-010963, NLRB)....

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