미국 연방노동법에서 특고노동자의 법적 지위와 쟁점

The U.S federal labor law defines the status of independent contractors as a category that is excluded as an exception, while the basic category of application is workers. Therefore, along with the courier occupation, to which the application of the Federal Labor Law is being disputed, the status of special workers is also an issue of dispute. As seen above, since the status of independent contractors is not separately defined by the Federal Labor Law, the Federal Labor Commission and the courts have composed the content by invoking the civil court legal doctrine regarding employers’ tortious acts. The Federal Labor Commission and the federal courts are continuing the interpretation debate over whether the status of independent contractors is an independent contractor. Looking at the differences in interpretation, there is a traditional position that evaluates the relationship with the other business operator, that is, the actual or de facto command and control elements of the contractual relationship, when determining the status of an independent contractor. On the other hand, there is a position that only the status of an independent contractor should be determined, not the relationship with the other party, and the key judgment criterion is whether the business operator operates an independent business. It presents the independence of work-related decisions to the extent that the worker can bear the profits and losses as a judgment indicator. This interpretation debate has not yet been stabilized. Not only delivery workers but also various other types of temporary workers and freelance workers are fighting at the Federal Labor Commission regional office level, and the 9th Circuit Court of Appeals case that the interpretation of the independent contractor status has changed is still uncertain. This is because the Federal Supreme Court has not yet issued a case. This debate on the determination of the independent contractor status is expected to have a significant impact on the determination of the status of temporary workers under federal labor law.