Back to the Future: Biden Administration Seeks Return to Restrictive Standards for Businesses and Independent Contractors
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The National Labor Relations Board Is Governed by the Common Law
Congress in the Taft Hartley Act overturned their efforts to put through something like this economic realities test that is now being applied. And so the National Labor Relations Board has a different standard that it must meet from what the Department of Labor is doing under the Fair Labor Standards Act. The courts have already held, particularly in the FedEx case that we worked on, that they are bound by the common law.
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