WHAT IF THE FACTS WERE DIFFERENT? Suppose that El Palmar had limited its driver to a set schedule in a specific area of the city and allowed him to pick up only certain passengers. Would these facts have established Julaju as an employee? Why or why not?

El Palmar Taxi, Inc., requires its drivers to supply their own cabs, which must display El Palmar’s logo. The drivers pay gas, maintenance, and insurance costs, as well as a fee to El Palmar. They are expected to follow certain rules—dress neatly, for example—and to comply with the law, including licensing regulations, but they can work when they want for as long as they want. El Palmar may dispatch a driver to pick up a fare, or the driver can look for a fare. Mario Julaju drove a taxi under a contract with El Palmar that described him as an independent contractor. El Palmar sent Julaju to pick up Maria Lopez and her children. During the ride, Julaju’s cab collided with a truck. To recover for their injuries, the Lopezes fi led a suit in a Georgia state court against El Palmar. The employer argued that it was not liable because Julaju was an independent contractor. The court ruled in El Palmar’s favor. The plaintiffs appealed.