By Payroll and Entitlements Editorial Staff
Considering the common-law agency test set forth in SuperShuttle DFW, Inc., both Uber X and UberBLACK drivers were independent contractors.
On May 14, the National Labor Relations Board released an advice memo finding that Uber drivers were “independent contractors,” and not “employees” (Uber Technologies. Inc. (13-CA-163062 et al)). In reaching its conclusion, the April 26, 2019, memo applied the common-law agency test as explicated in SuperShuttle DFW, Inc.
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