The diminishment of entrepreneurial opportunity as a factor in the analysis (and emphasis on there being an independent business) significantly narrowed the scope of independent contractor status under the NLRA. Thus, the significance of entrepreneurial opportunity went from a hallmark of independent contractor status to only a sub-element of merely one factor of the 10 (or arguably 11) factors. It was within this factor that the majority placed entrepreneurial opportunity as a possible element for consideration. Instead, the Board noted that it would only “give weight to actual, but not merely theoretical, entrepreneurial opportunity, and it should necessarily evaluate the constraints imposed by a company on the individual’s ability to pursue this opportunity.” Further, the FedEx majority added an essentially new factor to the traditional common law analysis: rendering services as part of an “independent” business. The Board’s 2014 FedEx Decisionįive years later, in another case involving FedEx, the Obama-era Board rejected the significance of entrepreneurial opportunity in reviewing the Restatement factors. Thereafter, the presence or lack of entrepreneurial opportunity became an important principle in evaluating the impact of the Restatement factors, with the relative significance of entrepreneurial opportunity depending on the specific facts of each case. In one such case 10 years ago (also involving FedEx Home Delivery), the DC Circuit observed that whether putative independent contractors possessed significant “entrepreneurial opportunity” for gain or loss had become a hallmark of independent contractor status in weighing the Restatement factors. One of the courts frequently ruling on NLRA independent contractor decisions has been the US Court of Appeals for the DC Circuit. In applying this test, courts instructed that no one factor should be determinative, but rather each factor must be assessed and weighed accordingly.
The kind of occupation, with reference to whether, in the locality, the work is usually done under the direction of the employer or by a specialist without supervision.Whether or not the one employed is engaged in a distinct occupation or business.The extent of control which, by the agreement, the master may exercise over the details of the work.The inquiry involved application of the nonexhaustive common law factors from the Restatement (Second) of Agency § 220 (1958): The Traditional Independent Contractor Testįor 50 years prior to the FedEx decision, the Board applied the common law agency test to determine whether a worker is an employee or an independent contractor, with the burden of proof on the party asserting independent contractor status. This development is extremely important for businesses that utilize independent contractors, including most “gig economy” enterprises. On January 25, the National Labor Relations Board (NLRB or Board) returned to the “traditional test” for independent contractor status under the National Labor Relations Act (NLRA) in SuperShuttle DFW, Inc., which reversed the Board’s 2014 decision in FedEx Home Delivery. 14: Removing Astra Rocket 3.3/TROPICS 3 & 4 Removing Astra Rocket 3.In a ruling with significance for businesses using independent contractors, the National Labor Relations Board has reaffirmed that entrepreneurial opportunity is a significant factor in weighing independent contractor status.
15: Adding Falcon 9/Starlink 4-23 Adding Falcon 9/Starlink 4-20 & Sherpa-LTC2 Delta 4-Heavy/NROL-91 delayed Adding Ariane 5/Eutelsat Konnect VHTS Adding Falcon 9/Starlink 4-2 & BlueWalker 3 Adding date for Alpha/Multi-payload Falcon 9/WorldView Legion 1 & 2 delayed Adding timeframe for Falcon 9/O3b mPOWER 1 & 2 Falcon Heavy/ViaSat 3 Americas delayed Falcon Heavy/USSF 52 delayedĪug. 22: Updating time for Falcon 9/Starlink 4-23 Adding date and time for Falcon 9/Starlink 3-4 Adding date and time for Starlink 4-20 & Sherpa-LTC2Īug. 23: Changing pad for Falcon 9/Starlink 4-23Īug.
Please send any corrections, additions or updates by e-mail to: our Launch Log for a listing of completed space missions since 2004. Dates and times are given in Greenwich Mean Time. A regularly updated listing of planned orbital missions from spaceports around the globe.