SOS INTERNATIONAL, LLC

14 Cited authorities

Community for Creative Non-Violence v. Reid
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
National Labor Rel. B. v. Kentucky R. Comm. C
532 U.S. 706 (2001) Cited 180 times 29 Legal Analyses
Holding that the burden of proving a statutory exception generally falls on the party who claims a benefit
Nat'l Labor Relations Bd. v. United Insurance Co. of America
390 U.S. 254 (1968) Cited 326 times 12 Legal Analyses
Holding that "all of the incidents of the relationship must be assessed and weighed with no one factor being decisive"
Holly Farms Corp. v. Nat'l Labor Relations Bd.
517 U.S. 392 (1996) Cited 136 times
Holding that where statute's meaning is obvious, courts and Board must defer to Congress's unambiguous intent, but where ambiguity exists, courts must defer to an agency's reasonable interpretation of the statute
N.L.R.B. v. Wright Line, a Div. of Wright Line, Inc.
662 F.2d 899 (1st Cir. 1981) Cited 357 times 46 Legal Analyses
Holding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act
Schwieger v. Farm Bureau Insurance
207 F.3d 480 (8th Cir. 2000) Cited 114 times
Holding that the high skill level required for an insurance sales position weighed in favor of independent contractor status
Metcalf Eddy v. Mitchell
269 U.S. 514 (1926) Cited 276 times
In Metcalf Eddy v. Mitchell, 269 U.S. 514 (1926), the Court likewise observed that "neither government may destroy the other nor curtail in any substantial manner the exercise of its powers." Id., at 523.
Nat'l Labor Relations Bd. v. Alt. Entm't, Inc.
858 F.3d 393 (6th Cir. 2017) Cited 33 times 10 Legal Analyses
Determining that "[m]andatory arbitration provisions that permit only individual arbitration of employment-related claims are illegal pursuant to the NLRA and unenforceable pursuant to the FAA's saving clause"
Penn v. Howe-Baker Engineers, Inc.
898 F.2d 1096 (5th Cir. 1990) Cited 62 times
Adopting the multi-factor test applied in Holt v. Winpisinger, 811 F.2d 1532 (D.C. Cir. 1987)
C.C. Eastern, Inc. v. Nat'l Labor Relations Bd.
60 F.3d 855 (D.C. Cir. 1995) Cited 23 times
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"
Section 151 - Findings and declaration of policy
29 U.S.C. § 151 Cited 5,092 times 34 Legal Analyses
Finding that "protection by law of the right of employees to organize and bargain collectively safeguards commerce" and declaring a policy of "encouraging the practice and procedure of collective bargaining"

SOS INTERNATIONAL, LLC

14 Cited authorities

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

Holding that the burden of proving a statutory exception generally falls on the party who claims a benefit

Holding that "all of the incidents of the relationship must be assessed and weighed with no one factor being decisive"

Holding that where statute's meaning is obvious, courts and Board must defer to Congress's unambiguous intent, but where ambiguity exists, courts must defer to an agency's reasonable interpretation of the statute

Holding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act

Holding that the high skill level required for an insurance sales position weighed in favor of independent contractor status

In Metcalf Eddy v. Mitchell, 269 U.S. 514 (1926), the Court likewise observed that "neither government may destroy the other nor curtail in any substantial manner the exercise of its powers." Id., at 523.

Determining that "[m]andatory arbitration provisions that permit only individual arbitration of employment-related claims are illegal pursuant to the NLRA and unenforceable pursuant to the FAA's saving clause"

Adopting the multi-factor test applied in Holt v. Winpisinger, 811 F.2d 1532 (D.C. Cir. 1987)

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"

Finding that "protection by law of the right of employees to organize and bargain collectively safeguards commerce" and declaring a policy of "encouraging the practice and procedure of collective bargaining"