The three main tests that courts can apply to determine whether a person is an employee or independent contractor are $(1)$ the common law agency test, $(2)$ the IRS analysis, and $(3)$ the economic realities test. Of those three, which did this court apply?

What are the $6$ factors considered by the court in analyzing the case? List them and give a brief summary of what the court thought about each.

Of those $6$ factors, which do you think should be the most important when deciding between employee or independent contractor? Explain your reasoning.

This court didn't make a final determination on Keller's employment status, choosing to send it back to the lower court and let them decide. How do you think the lower court should rule and why? $($should they decide employee or independent contractor, and support your conclusion$)$

Lately, there have been several debates and developments surrounding the so$-$called "gig economy". Consider the case of Uber and Lyft$.$ Recent decisions in California have ordered the companies to classify their drivers as employees, while the companies very strongly desire to keep them as independent contractors. For now, the decisions only affect California, but this is an area of law that will need to be resolved in every state at some point. Using the factors you've learned about so far, analyze the relationship Uber drivers have with the company and explain whether you think they should be employees or contractors.