Originally Posted by WatchThis!
Seems like FedEx would have a legal team that was familar with the Microsoft case (microsurfs). From the sounds of it, the IC's will win.
One of the most basic tests for IC's is: Did the the company mandate HOW the job was done, or just the completion standards? This is what the IRS looks at when they feel companies are looking to avoid paying payroll taxes etc. It's up to the the IC on how they prepare and how they do the job, the company doesn't have a lot of leeway outside of dictating completion standards.
I'll bet FedEx will lose this one.
More information is available at
http://fedexaminer.com/FedEx/
You would not believe the control that FedEx has over these "contractors". FedEx even takes away parts of their route that the driver purchases on a whim according to what some are posting at the link above. I believe there are now more than 12 class action suits filed so it is going to cost FedEx a bundle if they continue to loose like in California. An injunction has already been issued in CA after FedEx lost their appeal and FedEx has 6 months to make the "contractors" employees. FedEx is still refusing...