Pay No Attention to the Man Behind the Curtain: Control as a Nonfactor in Employee Status Determinations Under FedEx Home Delivery v. NLRB

Under the NLRA, the decision is especially significant because the D.C. Circuit Court of Appeals, which issued the decision, may be asked to review any NLRB decision.8 More broadly, the D.C. Circuit's decision may affect the application of a host of other employment statutes that also use the common law test to determine employee status. Because of FedEx Ill's importance to labor law, the NLRB sought en banc review of the D.C. Circuit panel's decision, which was denied.9 However, the NLRB appears determined to force the issue.