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- Title
Pay No Attention to the Man Behind the Curtain: Control as a Nonfactor in Employee Status Determinations Under FedEx Home Delivery v. NLRB.
- Authors
Dilger, Jeffrey E.
- Abstract
The article discusses the refusal of FedEx Home Delivery to bargain with their delivery drivers' union, because the drivers are independent contractors and are thus not "employees" under the U.S. National Labor Relations Act (NLRA). This argument was rejected by the National Labor Relations Board (NLRB). The implications of the change in the determination of employee status from control to entrepreneurial opportunity under the common law test of agency are discussed.
- Subjects
UNITED States; COLLECTIVE bargaining; LABOR unions; FEDEX Ground Package System Inc.; CONTRACTORS; UNITED States. National Labor Relations Board
- Publication
ABA Journal of Labor & Employment Law, 2010, Vol 26, Issue 1, p123
- ISSN
2156-4809
- Publication type
Article