Use the class slides and related materials in our textbook to establish whether the following worker should be classified as an independent contractor or an employee. For each fact below, label it as IC if it is an indicator that the relationship is one that might indicate the worker was an independent contractor or E for Employee and WHY. Then, evaluate both the number of factors that are IC and the ones that are Employee as well as whether some factors ought to be weighed more heavily than others, and use the facts in making your ruling whether the delivery truck driver is an Employee or Independent Contractor. Answer you assignment from the viewpoint of the United States generally, but note whether CA law, as presented in the slides and lecture, would affect your reasoning and how.
Job: Delivery truck driver in a delivery company
–Driver furnishes own vehicle
–Driver pays for all transportation costs, including fuel, tolls, vehicle liability insurance, taxes, and worker’s compensation insurance—Driver negotiates for own wages with company, based on percentage of costs customer pays for delivery or flat rate—company can terminate contract on 3 days notice without cause
–Drivers free to set own schedule, but must let company know in advance
–Drivers may reject delivery assigned, but are liable if do not notify company quickly—company makes no guarantee on number of deliveries
–Drivers required to wear company shirts and badges
–Drivers choose own route
–Drivers may work for other companies, or hire other drivers to deliver for them, but plaintiff drivers did not do so
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