- 3 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: March 27, 2008