The orchestra in Lancaster, Pennsylvania hired musicians to play about four classical music concerts each year. These musicians could choose to play in however many concerts they wished. They then signed a Musician Agreement, which stated that they were independent contractors.

The musicians sought to unionize, but only employees, not independent contractors, have the right to join a union. The National Labor Relations Board ruled that the musicians were employees. (Lancaster Symphony Orchestra v. NLRB, 822 F.3d 563, U.S.Ct.App, D.C Cir. 2016 )  

The symphony disagreed and appealed the decision:

You Be the Judge: Are the musician's employees or independent contractors?

Question: Which are the factors that indicated that the musicians were independent contractors?

Question: Which are the factors that indicated that the musicians were employees?

Question: Do you find this case ambiguous? Could another court have determined the musicians to be independent contractors?