Description

Our company is in the business of package delivery. We deliver packages ordered online to customers at their homes. Our business is time-sensitive and is very competitive. Our customers want their orders as soon as soon as possible. For tax and liability reasons, we would like to explore the possibility of classifying delivery drivers as independent contractors, using drivers in the “gig economy” as a model.

Prepare a  memo outlining the key factors – business and legal — in favor of classifying drivers as employees and those in favor of classifying drivers as independent contractors.  While you are not required to do extensive research under federal and state law, I’m wondering what the trends are that have developed across the states and the Department of Labor as we make a decision of how to categorize these workers, and how that might fit our business model.