Uber drivers are independent contractors, not ‘employees,’ NLRB advice memo finds
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Thursday, May 23, 2019

Uber drivers are independent contractors, not ‘employees,’ NLRB advice memo finds

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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