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ECI operated a delivery service based in Minneapolis,
Minnesota, offering deliveries by bicycle, car, and truck.
On June 9, 1999, petitioner entered into a written
“Contractor Operating Agreement” (operating agreement) with ECI
under which petitioner agreed to be a truck driver for ECI,
picking up and delivering goods to and from ECI customers. For
his services, petitioner was to be paid by ECI 70 percent of the
gross amounts ECI billed its customers relating to deliveries
made by petitioner.
As ECI received orders from customers, ECI used a dispatch
center to coordinate and to assign to the truck drivers the
pickups and deliveries. Truck drivers who wished to work on a
particular day reported to ECI’s dispatch center their
availability--usually for approximately 10 hours at a time.
Throughout the day, truck drivers kept in contact with the ECI
dispatch center using cell phones and pagers.
Usually, truck drivers determined for themselves which
routes to take and in what order to make pickups and deliveries
for ECI.
As indicated, because ECI truck drivers1 were not paid a set
wage but rather a percentage of the gross dollar amounts ECI
1 References herein to ECI truck drivers is for convenience
only and is not intended to suggest an employment relationship
between Edina Couriers, Inc. (ECI), and the truck drivers.
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Last modified: March 27, 2008