• FREE RESOURCES
  • PREMIUM CONTENT
        • SEE MORE
          PREMIUM RESOURCES
  • HR DEEP DIVES
        • Coronavirus (COVID-19) Resources for HR Professionals
          Employment Law
          Labor Law Posting Requirements: Everything You Need to Know
          Recruiting
          businesswoman selecting future employees on digital interfaces
          Recruiting Resources for HR & Hiring Managers
          Performance Management
          vector image of young female making star rating
          Performance Review Resources
          Employment Law
          Understanding Equal Employment Opportunity and the EEOC
          Recruiting
          Onboarding Resources for HR & Hiring Managers
  • CORONAVIRUS & HR

  • LOGIN
  • SIGN UP FREE

HR Morning

  • FREE RESOURCES
  • PREMIUM CONTENT
        • SEE MORE
          PREMIUM RESOURCES
  • HR DEEP DIVES
        • Coronavirus (COVID-19) Resources for HR Professionals
          Employment Law
          Labor Law Posting Requirements: Everything You Need to Know
          Recruiting
          businesswoman selecting future employees on digital interfaces
          Recruiting Resources for HR & Hiring Managers
          Performance Management
          vector image of young female making star rating
          Performance Review Resources
          Employment Law
          Understanding Equal Employment Opportunity and the EEOC
          Recruiting
          Onboarding Resources for HR & Hiring Managers
  • CORONAVIRUS & HR
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • More
    • Leadership & Strategy
    • Compensation
    • Staff Administration
    • Policy & Procedures
    • Wellness
    • Staff Departure
    • Employee Services
    • Work Location
    • HR Career & Self-Care
    • Health Care
    • Retirement Plans

NLRB: 2 employer-friendly court rulings

NLRB actions: Employers get two friendly rulings
Rachel Mucha
by Rachel Mucha
February 8, 2019
2 minute read
  • SHARE ON

The National Labor Relations Board (NLRB) recently issued two rulings that tighten up two controversial decisions issued during the Obama administration. 
The rulings affect the NLRB’s independent contractor standard and what type of workplace behavior constitutes a protected action under the National Labor Relations Act (NLRA).

Ruling No. 1: Independent contractor standard expanded

The independent contractor case, SuperShuttle DFW Inc. involved shuttle-van-driver franchisees of SuperShuttle at Dallas-Fort Worth Airport.

The Board concluded that the franchisees weren’t employees under the NLRA but rather independent contractors excluded from the Act’s coverage. 

Their rationale? The Board found that the franchisees’ leasing or ownership of their work vans, method of compensation and nearly unfettered control over their daily work schedules and working conditions provided the franchisees “with significant entrepreneurial opportunity for economic gain.”

Other key factors were the absence of supervision and the fact that the drivers didn’t share any ride fares with the company.

Worplace Virtual Summit

Key takeaway: The action overrules a 2014 NLRB decision that downplayed the importance of economic opportunity in determining a worker’s status as an independent contractor.

Ruling No. 2: Personal gripes don’t cut it

The other case narrowed the standard for what constitutes “protected activity” in a group setting.

In Alstate Maintenance LLC, a manager approached a group of baggage handlers at an airport and asked if they’d help unload the equipment of an arriving soccer team.

One of the baggage handlers said they’d done a similar job a year before and hadn’t received a tip. So when the equipment arrived, the baggage handlers walked away.

The employee who complained about the previous lack of a tip was fired. He responded by filing a complaint alleging that his firing was based on his complaining about the lack of a tip – which, he alleged, was “protected activity.”

But the Board didn’t agree. To be protected activity, an individual’s statement must concern a genuine workplace issue. Personal gripes don’t count.

Key takeaway: The decision overturns a 2011 ruling that any protest voiced at a group meeting is protected activity.

Bottom line? Both decisions are good for employers, clearing up some of the confusion of the Obama NLRB.

Rachel Mucha
Rachel Mucha
Rachel writes about Human Resource management and has been a member of the HRMorning staff since 2017. She is a graduate of Ithaca College.

Get the latest from HRMorning in your inbox PLUS immediately access 10 FREE HR guides.

I WANT MY FREE GUIDES

Keep Up To Date with the Latest HR News

With HRMorning arriving in your inbox, you will never miss critical stories on labor laws, benefits, retention and onboarding strategies.

Sign up for a free HRMorning membership and get our newsletter!
  • This field is for validation purposes and should be left unchanged.
HR Morning Logo
  • Facebook
  • Twitter
  • Linked In
  • ABOUT HRMORNING
  • ADVERTISE WITH US
  • WRITE FOR US
  • CONTACT
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • HR Technology
  • Performance Management
  • Leadership & Strategy
  • Compensation & Payroll
  • Policy & Culture
  • Staff Administration
  • Wellness & Safety
  • Staff Departure
  • Employee Services
  • Work Location
  • HR Career & Self-Care

HRMorning, part of the SuccessFuel Network, provides the latest HR and employment law news for HR professionals in the trenches of small-to-medium-sized businesses. Rather than simply regurgitating the day’s headlines, HRMorning delivers actionable insights, helping HR execs understand what HR trends mean to their business.

Privacy Policy Terms of Service
Copyright © 2021 SuccessFuel

WELCOME BACK!

Enter your username and password below to log in

Forget Your Username or Password?

Reset Password

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.

Log In

During your free trial, you can cancel at any time with a single click on your “Account” page.  It’s that easy.

Why do we need your credit card for a free trial?

We ask for your credit card to allow your subscription to continue should you decide to keep your membership beyond the free trial period.  This prevents any interruption of content access.

Your card will not be charged at any point during your 21 day free trial
and you may cancel at any time during your free trial.

preloader