The Atlanta Opera, 372 NLRB No. 95 (June 13, 2023)

Atlanta Opera returns the Board's test for determining whether an employee is an independent contractor to the traditional restatement test, disagreeing with the D.C. Circuit and the 2019 NLRB decision in SuperShuttle DFW, Inc. that emphasized the putative contractor's entrepreneurial opportunity as a central focus of the multi-factor test.

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