Just a couple of weeks ago, we told you that the National Labor Relations Board (NLRB) had extended the deadline for filing amici and/or public comments briefs in anticipation of reconsidering and reversing the “make whole” standard it applied to cases involving alleged non-payment of wages decisions. Well, this week the Board announced it was inviting the filing of amici and open comment briefs – in the case of The Atlanta Opera, Inc. and Make-Up Artists and Hair Stylists Union, Local 798, IATSE – on a different but equally important issue, that being the standard for determining the independent contractor status. The vote, with 3 democrat members in favor and the 2 republicans opposed, sets up yet another regulatory zig-zag for businesses to follow. By way of background, with its 2019 decision in SuperShuttle DFW, Inc., the Board under the Trump administration restored the historical standard and overruled the prior Obama-era standard for independent contractor status as decided in FedEx Home Delivery in 2014. That decision was the first to throw out the historic standard on this issue. Briefs not exceeding 20 pages in length may be filed electronically by E-Filing with the Board on nlrb.gov on or February 10, 2022.