The National Labor Relations Board’s independent contractor classification test established under the Trump administration, which is largely regarded as more “employer-friendly,” resulted in a higher rate of employee wins than the broader standard set during the Obama administration, according to analysis conducted by Bloomberg Law.
Workers were found to be employees protected by federal labor law in 10 of 11 decisions by NLRB, administrative law judges and regional directors applying the legal test from the board’s 2019 ruling in SuperShuttle DFW. The single contractor finding of independent contractor status came in the SuperShuttle decision itself.
Compare that to the rate of employee findings under the standard established under the Obama administration in 2014, FedEx Home Delivery: 17 decisions came in favor of employee status out of 24 cases.
The NLRB signaled in December the likelihood of reverting the standard to one established under Obama. Read more about the analysis in Bloomberg Law.