Employees Almost Always Win With Trump NLRB Test Set for Change

The National Labor Relations Board’s Trump-era worker classification test has resulted in a higher rate of employee wins than the broader standard set during the Obama administration, according to a Bloomberg Law analysis conducted as the board considers ditching that more recent precedent.

The NLRB, administrative law judges, and regional directors applying the ostensibly more business-friendly legal test from the board’s 2019 ruling in SuperShuttle DFW found that workers were employees protected by federal labor law in 10 decisions, compared to just one opinion that the workers were independent contractors. The single contractor finding came in SuperShuttle itself.

Agency adjudicators ...