From the Connecticut Law Tribune — Ryan O’Donnell writes: “Issued on Sept. 30, the board’s decision summarily dismissed the circuit court’s emphasis on entrepreneurial opportunity. Instead of following the circuit court’s guidance, or even giving it substantial consideration, the holding insisted on applying the common-law agency test “with no one factor being decisive.” Yet, as the dissent notes, “the agency test is amenable to substantial variations in the weight assigned to each factor and, thereafter, in the resulting conclusions.” The majority of the NLRB, however, had little use for such variations or amenability.
In his scathing dissent, board member Harry Johnson blasts the majority decision. He says that it “fundamentally shifted the independent contractor analysis, for implicit policy-based reasons, to … a test that greatly diminishes the significance of entrepreneurial opportunity and selectively overemphasizes the significance of ‘right of control.'”…”
Read the full story at Pro-Union Rulings Hurt Employers and Employees Alike
- NLRB Rejects D.C.Circuit’s FedEx Independent Contractor Analysis (lawprofessors.typepad.com)