The National Labor Relations Board on Tuesday reverted to an Obama administration standard that makes it easier to determine that covered workers are employees who can therefore seek union representation rather than independent contractors.
In Tuesday’s 2-1 NLRB ruling in Atlanta Opera Inc., the majority found that Atlanta Opera’s makeup artists, wig artists and hair stylists who had filed an election petition with the board seeking union representation are covered employees under the National Labor Relations Act.
The verdict goes back to 2014 FedEx home delivery standard issued under the Obama administration and overturned by the Trump administration in 2019 SuperShuttle governing.
The board’s latest ruling “reaffirmed long-standing principles — consistent with instructions from the Supreme Court — and explained that its analysis of independent contractors will be guided by a list of common law factors,” the NLRB said in a statement.
It “expressly rejected the possession of SuperShuttle Remember, entrepreneurial opportunities for profit or loss should be the “animating principle” of the independent entrepreneur.
In his dissenting opinion, Republican Marvin Kaplan, who had voted in favor SuperShuttle judgment, said while agreeing that in this case the Atlanta Opera workers are employees, SuperShuttle “consistent with the common law, case law” and the NLRA.