The National Labor Relations Board (NLRB) issued a series of new advice memos this week, including one determining that Uber drivers are independent contractors. In the memo, the NLRB states that: “Applying the common law agency test as explicated in SuperShuttle DFW, Inc., we conclude that the drivers were independent contractors. The Regions should therefore dismiss the charges, absent withdrawal.” The memo refers to several pending California cases against Uber in the heading. Specifically, the cases revolve around whether or not Uber unlawfully terminated relationships with UberX drivers and whether Uber unlawfully dominated a labor organization representing Uber drivers in New York City.
Access the memos here.