FedEx Home Delivery v. National Labor Relations Board
- Case Date: 5/12/2008
- Project Name: Civil Justice Reform
On April 21, 2009, the U.S. Court of Appeals for the D.C. Circuit laid out a new set of rules regarding when employers should classify their workers as employees and when they should be classified as independent contractors. The new rules, which differ markedly from rules established by other courts, may spawn considerable confusion among employers seeking guidance regarding how to classify their workers. The decision was a setback for WLF, which had filed a brief urging the court to clarify existing rules, not to establish an entirely new set of rules. WLF argued that lack of clarity in the rules has spawned considerable confusion within the business community. Instead of providing the requested clarity, this week's decision may lead to even more confusion. The D.C. Circuit held that it will henceforth differentiate employees from independent contractors based on the extent of "entrepreneurial opportunity" available to the worker.
More Information and Downloads:
5/12/2008: Download the Brief