A bellwether and political acid test of whether the National Labor Relations Board skews pro-business or labor-friendly is how the agency determines who is an “employee” versus who is an “independent contractor.”
In a recent move—likely the first of those of a similar ilk to come—the government agency tasked with enforcing U.S. labor law has turned back the clock to a more business-friendly independent contractor standard, reaffirming the long-standing common-law test used to determine employee status.
