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. 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 your assignment from the viewpoint of the United States generally, but note whether CA law, 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 the company, based on a percentage of costs customer pays for delivery or flat ratethe company can terminate the contract on 3 days notice without cause

--Drivers are free to set their own schedule, but must let the company know in advance

--Drivers may reject delivery assigned, but are liable if do not notify the company quicklythe company makes no guarantee on the number of deliveries

--Drivers required to wear company shirts and badges

--Drivers choose their own route

--Drivers may work for other companies, or hire other drivers to deliver for them, but plaintiff drivers did not do so