The Organization, Procedures, and Jurisdiction of the NLRB
The attached joint employer rule material, which describes the recent back-and-forth of this standard and summarizes the 2020 rule, can be either added to end of Chapter 2, Section A.5, Note 4 (page 57) or in place of Browning-Ferris (page 52).
Supershuttle DFW goes with the material and problem in Chapter 2, Section 3.B.1. “Employee of Independent Contractor?”
Students could read Supershuttle DFW instead of Roadway Package Systems (pages 59-65). However, the majority in Supershuttle DFW claims to be merely an additional gloss on Roadway and there is value in students reading both to see if they agree with the majority’s or the dissent’s take on the significance and justification for Suppershuttle DFW’s added emphasis on entrepreneurial opportunity.
Finally, in Velox Express, 368 NLRB No. 61 (2019), the Board concluded that misclassification of employees does not, standing alone, constituted a violation of Section 8(a)(1).