Amici U.S. Chamber of Commerce, American Trucking Association, and National Association of Manufacturers set out winning position in NLRB misclassification case

Client(s) U.S. Chamber of Commerce, American Trucking Association, and National Association of Manufacturers

Adopting positions set out in an amicus brief that Jones Day drafted and filed on behalf of U.S. Chamber of Commerce, American Trucking Association, and National Association of Manufacturers, the D.C. Circuit overturned a National Labor Relations Board determination that a group of delivery drivers were statutory employees subject to its jurisdiction, rather than independent contractors who were not. Importantly, the Circuit agreed that the question of whether a worker is an "independent contractor" or "employee" under the National Labor Relations Act is a question of "common-law agency principles." Therefore, it requires "no special administrative expertise," and the Board's proclamations in the area are not entitled to deference. Applying this reasoning, the D.C. Circuit went on to uphold "stability, consistency, and evenhandedness in circuit law," rejecting the Board's attempt to expand its jurisdiction through novel interpretations of the Act inconsistent with controlling D.C. Circuit authority.

FedEx Home Delivery v. National Labor Relations Board, Case Nos. 14-1196, 15-1066 and 15-1166 (D.C. Cir.)