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4486 In a tax case in which a package delivery company presented evidence that drivers were free to turn down jobs the company offered them; determined their own schedules; worked other jobs; were paid by the job; supplied their own vehicles; and were not required to wear uniforms, but in opposition to which evidence was presented that no one explained to drivers the meaning of independent contractor; many drivers never signed a contract; most worked a regular route and did not turn down jobs; company dispatchers specified pickup and delivery times; unreliable drivers were terminated; the company made uniforms available and provided training by assigning new drivers to work with more experienced drivers for a period of time, the drivers were found to be employees rather than independent contractors. (NOTE: While this authority might be persuasive in a respondeat superior determination, the issue was not the same, so it would not be binding.)CitationAIR COURIERS v EMPLOYMENT DEVELOPMENT DEPARTMENT (Employees) 150 CA4 923 [See: Empire Star v Cal Emp Com 28 C2 33; Borello v Dep't of Industrial Relations 48 C3 341]
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