All employees who were hired by Federal Express (FedEx) as long-haul delivery drivers were required to sign an operating agreement that identified the driver as an independent contractor. Under the terms of the agreement, the driver would provide his own truck, 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, along with other specific obligations. The drivers brought a class action suit contending that for the purpose of their entitlement to reimbursement for work-related expenses, they were employees, not independent contractors.

CASE QUESTIONS

1. Should the drivers be classified as independent contractors?

2. What tests should the court apply to determine the status of the drivers?