Worker classification of delivery person .

• Author: O'Driscoll, David

P was a member of the International Brotherhood of Teamsters, Bakery Drivers Local Union No. 952 (Local 952). He delivered baked goods provided by IBC, a company in the business of baking and delivering baked goods to customers. P's deliveries were subject to the terms and conditions of a collective bargaining agreement between Local 252 and IBC.

P was required to wear a uniform bearing IBC's name and was referred to by IBC as a route sales driver. He drove an IBC-owned truck, for which IBC provided maintenance and gasoline. P had no investment in the business's facilities or equipment. Normally, he would "punch a time clock" on arrival and at the end of his workday. IBC assigned its customers and sales territory to P. P had no ownership interest in the goods he delivered; all customer invoices were issued in IBC's name.

Under the union agreement, P received a...