Question
5.A class-action lawsuit was filed by FedEx drivers, suing FedEx for work-related expenses.The drivers contend they were employees and not independent contractors.When hired, they executed
5.A class-action lawsuit was filed by FedEx drivers, suing FedEx for work-related expenses.The drivers contend they were employees and not independent contractors.When hired, they executed an agreement identifying themselves as independent contractors.Under that agreement, drivers provide their own trucks meeting the company's specifications, mark the truck with the FedEx logo, pay all costs of operating and maintaining the truck, and use the truck exclusively in the service of FedEx.FedEx reserved the right to reassign the drivers or assign additional drivers in the driver's territory.The drivers agreed to have FedEx management employees travel with them four times each year to ensure they were meeting FedEx standards and to train with FedEx.The drivers could elect to have their truck operating costs paid by FedEx and deducted from their weekly "settlements."FedEx argued that the drivers enjoyed a "true entrepreneurial opportunity depending on how well the drives performed."
Based on our earlier assignment(s) in this area, and using whatever resources you choose (as always), what are the factors that the court will use to decide this case?How do the facts in this case interact with those factors?How do you think the court should rule?
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