Friendly Cab Drivers Found to be Employees, Not Independent Contractors

A dispute over whether a group of workers were properly organized by a union lead to an interesting Ninth Circuit opinion earlier this year, discussing how Friendly Cab Co.'s cab drivers were employees, not independent contractors, and therefore were properly organized by the union. NLRB v. Friendly Cab Co. (9th Cir. 2008) 512 F.3d 1090 thoroughly discusses the federal test for determining independent contractor status. In spite of cab lease agreements and several other factors that appeared to favor the employer, the court found the workers to be employees after considering the economic realities of the relationship. We'd have mentioned it sooner, but this was another post we never got around to sharing while Mike was out on medical leave.