- 14 - determined the amount they were paid. On this record, petitioner’s control of the bakery workers and cash payroll workers is consistent with an employer-employee relationship. b. Route Distributors The record does not establish that petitioner controlled to whom the route distributors sold petitioner’s product or where the product was sold. It is unclear whether petitioner or the route distributor decided how the route distributor was to be compensated (whether on a commission basis or through purchase and resale of the product at a higher price). Petitioner did not set the route distributors’ hours. On the record, this factor is not indicative of an employer-employee relationship. c. Outside Sales Workers The record does not establish that petitioner controlled to whom the outside sales workers marketed petitioner’s product or where they marketed the product. Outside sales workers could hire substitutes and assistants to perform this work. Petitioner did not set the outside sales workers’ hours. On the record, this factor is not indicative of an employer-employee relationship. 2. Investment in Facilities The fact that a worker provides his or her own tools generally indicates independent contractor status. Breaux & Daigle, Inc. v. United States, supra at 53.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011