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Carrell v. Sunland Constr., Inc., 998 F.2d 330 (5th Cir. 1993)
(welders were found to be independent contractors partly because
welders invested average of $15,000 each in welding equipment).
Furthermore, the drivers undertook none of the costs of operating
the trucks or transporting the freight; petitioner paid for all
repair expenses and maintenance costs on the trucks, and all
operating expenses, including insurance, fuel, oil, repairs,
tolls, and scale charges. Cf. Labor Relations Div. of Constr.
Indus. v. Teamsters Local 379, 156 F.3d 13, 20 (1st Cir. 1998)
(independent contractor owner-operators of trucks bear cost of
owning and insuring their own trucks and cover fuel, repair, and
tax expenses stemming from operation of those vehicles).
The relatively minor investment by the drivers and the
substantial investment by petitioner support a finding that the
drivers were petitioner's employees.
3. Substantial Costs Incurred by Drivers
The drivers in this case did not incur any substantial
costs. The drivers paid their own living expenses while on the
road. However, expenditures on personal items are not costs
relevant to this factor. Occasionally, the driver hired a lumper
to unload a semitrailer; however, the lumper's fee was paid by
petitioner, not the driver. (Petitioner's argument regarding the
lumpers is considered thoroughly in the discussion of the next
factor.) This factor does not support a finding that the drivers
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