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Some TS workers have been at the company for many years. However, others have only recently started working for the company. Once employees begin working

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Some TS workers have been at the company for many years. However, others have only recently started working for the company. Once employees begin working for TS, they typically work at least once a week. Based only on the facts described above, do you think the TS workers are employees or independent contractors under the Economic Reality Test? You must analyze the above facts in light of the legal rules you have learned in class regarding whether a worker is an employee or independent contractor. DO NOT simply list factors that courts rely on. Please explain which factors would lead you to conclude the drivers are independent contractors and which would lead you to conclude the drivers are employees. You should answer this question in 1- 2 double spaced pages (25 Points) 1. A class action lawsuit was filed against Trafficway Solutions, Inc. (TS) alleging that TS misclassified its workers as independent contractors and that they should instead be classified as employees. The lawsuit was brought under the Fair Labor Standards Act (FLSA). All workers have signed a contract clearly stating that they are independent contractors. Trafficway Solutions, Inc. 1s a traffic control services company located in NYC which provides traffic control services to area businesses. An average day for a TS worker involves directing traffic around construction zones, schools, and other areas. Steve Sincott is the Vice President of TS and 1s responsible for contracting with businesses in the area that need workers to direct traffic. The customers let Sincott know what services are needed and then Sincott offers the job to one of his workers. Workers have the option of accepting or rejecting jobs, but if they reject a job, they are ineligible for future assignments for at least two weeks. Workers are free to exchange job assignments with other TS workers. All workers must attend a half day training to be eligible to work for the company. Workers are not required to have any specific degree or experience. Once a worker accepts an assignment, Sincott lets them know the time, date, and job location of the assignment. Sincott lets workers know who to contact upon arriving at a job site and TS also sets the pay rate for all workers. Once on a job site, the customers let the workers know exactly what needs to be done, and workers are expected to follow the customers' instructions. TS provides workers with stop and go signs, a pin with the TS logo and reflective jackets. Workers must wear a navy blue collared shirt and khaki pants (which the workers buy themselves) and remain clean-shaven. Sincott visits job sites approximately twice a year, as well as when there are customer complaints, to ensure everything is running smoothly. Sincott spends approximately $100,000 a year running the business, which includes advertising, renting office space and insurance

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