NLRB Returns To Former Independent Contractor Standard
February 04, 2019
This is good news for employers. The Board has returned to the traditional 10 factor common-law test used in most jurisdictions, giving employers greater assurance of consistent results before the courts and the Board. Moreover, the Board has removed some of the restrictions on the test that made it difficult to create lawful independent contractors.
Using independent contractors remains a tricky area in labor and employment law that must be approached carefully. However, the Board’s decision has greatly improved an employer’s chance of success under the NLRA. If you would like more information about the independent contractor analysis or this case, please contact a KZA attorney.
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