[20190219]LSB10263_NLRB采用新标准识别受保员工.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i NLRB Adopts New Standard for Identifying Covered Employees February 19, 2019 The classification of workers as employees rather than independent contractors is critical for purposes of most federal labor and employment laws. In general, the rights and protections afforded by these laws are available only to employees and not independent contractors. A majority of the National Labor Relations Board (NLRB or Board) recently concluded that a group of drivers who provide services for the shared-ride van company SuperShuttle are independent contractors and not employees for purposes of the National Labor Relations Act (NLRA), the federal law that provides collective bargaining rights to most workers in the private sector. As a result of the Boards determination, SuperShuttle will not be obligated to negotiate with the drivers over employment-related subjects like wages and benefits. Notably, in reaching its decision in SuperShuttle DFW, the Board majority emphasized the drivers entrepreneurial opportunity for gain or loss, a factor the agency previously identified as only one of several that s