In 2019, when the board was controlled by appointees of President Donald J. Trump, it elevated one consideration — workers’ chances to make more money based on their business savvy, often described as “entrepreneurial opportunity” — above the others.
It concluded that such opportunities should be a key tiebreaker when some factors pointed to contractor status and others indicated employment.
In its decision in 2019, the board said that a ruling during the Obama administration had improperly subordinated the question of moneymaking opportunities.
The latest decision returned the board to the standard laid out in the Obama era, explicitly rejecting the elevation of entrepreneurial opportunity above other factors.
The turnabout was criticized on Tuesday by businesses that rely heavily on contractors.
Persons:
Donald J, Obama, Uber, Evan Armstrong
Organizations:
Trump, Coalition for Workforce Innovation