The Interview: USF Law Student Zachary Tomlin

June 17, 2018

I had the opportunity to speak with University of San Francisco Law School student Zachary Tomlin.  He recently won an award in the annual Sports Lawyers Association student writing competition for a paper he wrote about the NLRB and the UFC.

Tomlin SLA Submission by JASONCRUZ206 on Scribd


During my talk with Zack, we reference an 11 part test applied by the NLRB to determine whether or not workers are employees or independent contractors.

The NLRB 11 Factor Test

  1. Extent of control by the employer
  2. Whether or not the individual is engaged in a distinct occupation or business
  3. Whether the work is usually done under the direction of the employer or by a specialist without supervision
  4. Skill required in the occupation
  5. Whether the employer or individual supplies instrumentalities, tools, and place of work
  6. Length of time for which individual is employed
  7. Method of payment
  8. Whether or not work is part of the regular business of the employer
  9. Whether or not the parties believe they are creating an independent contractor relationship
  10. Whether the principal is or is not in the business
  11. (New:) Whether the evidence tends to show that the individual is, in fact, rendering services as an independent business

Also discussed is the NLRB decision in the case of the Northwestern Football player case.  The board unanimously decided to decline jurisdiction.

The Velox decision is below:

Administrative Law Judges Decision in re Velox Express, Inc. by JASONCRUZ206 on Scribd

I also apologize for the abrupt ending.  I am still working on my editing skills.

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