13 Apr Taxi-Cab Independent Contractor Agreement
In this case, Broadway did not claim that its drivers met (3) or (1) (b). In order to prove that the drivers were not independent contractors, the Court therefore only had to find that the drivers did not meet two other criteria, the first (1) (a) and the second (5).  With respect to (5), Broadway submitted that it did not prevent its drivers from recruiting their own employees and subcontractors to support the operation of taxicab activity. Broadway cited a provision in its driver`s contract that allowed drivers to recruit professionals (such as mechanics, accountants and tax professionals) to help in their taxi stores. The Court found that “the services mentioned in this provision” are the transportation services provided on Broadway, not the administrative services provided to a taxicab or other business. A separate provision in the driver`s contract prohibits persons other than authorized drivers (who themselves have a driver`s agreement) from making vehicles on the Broadway registered vehicle list. As a result, the Court found that drivers did not meet this requirement. The Court of Appeal initially found that the Borello case had been brought under control, although it was found to be related to the workers. In this case, the Supreme Court ruled that the most important factor in determining whether a worker is an independent worker or contractor is the extent to which the “employer” has the right to control the details of the work done. The right to dismiss a worker at his convenience is also strong evidence of a working relationship. Secondary factors are:  At that time, drivers would not have met the criteria (1), 3) and (5) and therefore could not be considered independent contractors, since they were not “generally active in an independent business”. The court found that Jason was an independent contractor. The Tribunal found that Borello and other cases involving taxi drivers were not applicable, as they dealt with the issue of the contractor/self-employed person with respect to work allowances or unemployment benefits.
Jason appealed. Whether it`s a new start-up or a well-established company, your company is likely to use both employees and independent contractors. The corresponding classification has an impact on your company`s obligations. B such as withholding taxes on wages and the payment of unemployment insurance for those considered salaried. States may adopt rules similar to those of federal rules or set their own criteria to determine the appropriate classification. On December 10, 2015, the Oregon Supreme Court issued an opinion on a case in which taxi company drivers were considered employees and not independent contractors.  As a result, the taxi company was responsible for the taxes of unemployment insurance on the wages that drivers earned during the period in question. In the applicant`s case, his taxi licence was limited to providing services to a particular company. If the applicant decides to provide services to another company, he would need a new authorization bearing the name of the new company.