Question
BestChef Inc. is a company with 60 full-time employees that make and sell cooking utensils to cooking supply stores. As part of its marketing strategy,
BestChef Inc. is a company with 60 full-time employees that make and sell cooking utensils to cooking supply stores. As part of its marketing strategy, it hires full-time salespeople who have training and experience as chefs. BestChef's salespeople work in teams of two, with each team having a senior salesperson who trains, supervises, manages, reviews the performance of, and makes employment decisions about the junior salesperson in the team.
BestChef schedules sales visits to retail cooking supply stores for each sales team. During each visit, the salespeople are required to make a sales presentation on BestChef's products with the store owner or manager. The salespeople are allowed to enter contracts to sell BestChef's products (by filling out BestChef's standardized purchase order form), and to negotiate product prices and volume discounts (although, unbeknownst to customers, salespeople are prohibited from offering prices or discounts greater than 15% of the list price for BestChef's products). In addition, during each visit, the salespeople give cooking lessons and put on cooking demonstrations for the store's customers using BestChef's products.
Question: Based on the above facts, analyze whether courts are likely to classify BestChef's salespeople as employees (i.e., dependent agents) or independent contractors (i.e., independent agents).
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