No$.14-1430$

Kellerv. Miri Microsystems

Page $3$

has presented sufficient evidence to show a genuine issue of material fact. Accordingly, we VACATE the district court's judgment and REMAND the case for consideration by the trier of fact.

I. BACKGROUND

Miri is a limited liability company that operates in Michigan and provides installation services for HughesNet and iDirect, nationwide providers of satellite internet systems and services. Keller was one of approximately ten satellite$-$internet technicians who installed satellite dishes for Miri.

Miri is one of many middlemen in the satellite$-$installation$-$services business. Customers purchase satellite internet services from HughesNet, and then HughesNet forwards those orders on to a distributor, Recreational Sports and Imports $("$RS&I"$).\text{'}$ Next, RS&I sends the installation order to Miri, which provides installation services for the upper part of the Lower Peninsula of Michigan. Customers may choose a time block during which a technician will install the satellite dish, and Miri assigns installation jobs to technicians who work in the territory where the customer resides.

Keller began installing satellite dishes for Miri as a technician while he was working for ABC Dishman, a subcontractor, after he attended a HughesNet satellite$-$dish$-$installation certification course given by Miri. After working for ABC Dishman for some time, Keller began installing satellite$-$internet dishes for Miri directly.

Miri pays technicians by the job, not by the hour. HughesNet pays Miri $$200$ for each basic installation, $$80$ for repairs, $$80$ for de$-$installation, and between $$130-145$ for upgrades. Miri pays the technician the bulk of these fees, but keeps a percentage. ${?}^2$

Keller worked six days a week from $5$:$00$ am to midnight, taking only Sunday off. Keller completed two to four installations per day, and he had to travel between jobs. Miri paid Keller

${?}^1$ Miri sometimes operates as a sales agent for HughesNet, but the majority of Miri's business comes from HughesNet's referrals.

${?}^2$ The record does not establish what percentage of these fees Miri kept