490 U.S. 730 (1989) Cited 1,169 times 17 Legal Analyses
Holding that "In determining whether a hired party is an employee under the general common law of agency, we consider the hiring party's right to control the manner and means by which the product is accomplished" and listing several factors relevant to this inquiry
Finding the following facts, among many others, to be indicative of an independent contractor relationship: the employer does not "exercise any control over the drivers' dress or appearance" or "require the tractors to be of any specific type, size, or color"
In Amber and Seven-Up, we found the fact of truck ownership a significant (though not in itself controlling) factor suggesting independent contractor status.
29 U.S.C. § 152 Cited 3,213 times 27 Legal Analyses
Defining a supervisor to include “any individual having authority . . . to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment”
45 U.S.C. § 151 Cited 2,961 times 7 Legal Analyses
Defining "minor dispute" as disputes "growing out of grievances or out of the interpretation or application of agreements covering rates of pay, rules, or working conditions."