Subpart
1.
Definition.
An agent driver is a salesperson who drives a truck in selling
and delivering bread, milk, meat, beverages, laundry, drycleaning, or similar
services. The driver may sell to consumers at retail prices or at wholesale to
retailers.
Subp. 2.
Independent contractor.
An agent driver is an independent contractor if all of the
following criteria are substantially met.
A. The driver does not contract with the firm
to render personal services but only to buy a certain amount of a firm's
products regularly.
B. The driver
may hire and pay helpers or use substitutes.
C. Although the driver may work full time,
the driver does so by choice; and selects working hours.
D. The driver selects customers, sets prices,
and often sells on credit.
E. The
driver pays truck maintenance costs and other business expenses.
F. The driver cannot return unsold products
to the firm.
G. Either party may
terminate the relationship at any time without incurring liability.
Subp. 3.
Employee.
An agent driver is an employee if all the following criteria
are substantially met.
A. The driver
is assigned a route and required to cover it at regular intervals.
B. Helpers or substitutes are not
permitted.
C. Prices are set by the
company.
D. The driver cannot
handle competing lines.
E. The
driver is required to keep reports of sales and other matters.
F. The driver collects from customers and
turns money over to the company.
G.
The driver has no authority to determine whether sales may be made on
credit.
H. The driver reports to
the company office at specified times to load trucks, return unsold goods, and
report on activities as requested.
I. The driver is required to follow
leads.
J. The driver is expected to
solicit new customers and adjust complaints.
K. The driver may quit or a firm may fire the
driver on short notice, and neither is liable for damages for
noncompletion.
L. The driver
receives paid vacation, sick benefits, or other similar benefits offered to
nondriver employees of the firm.
