In a recent decision, in Atlanta Opera Inc., the National Labor Relations Board (NLRB) returned to the 2014 FedEx Home Delivery (FedEx II) standard for determining independent contractor status under the National Labor Relations Act (NLRA). This decision overturns the SuperShuttle ruling from 2019 and establishes that makeup artists, wig artists, and hairstylists working at the Atlanta Opera are considered covered employees, rather than independent contractors. The Board’s decision reinforces the use of common law factors in determining employment status
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