. Are the drivers employees or independent contractors? 2. Using a five-prong test, the court found three factors pointed to one conclusion and two to the other. Is a simple three-to-two majority sufficient to make a decision here? 3. Why do some businesses prefer the independent contractor designation for their employees?
Case study A Potential drivers are required to attend an orientation session at which they must sign an Independent Contractor Agreement providing that they will make deliveries for Express using their own vehicles in exchange for receiving a commission for…