Minn. R. 5224.0260 - TAXICAB DRIVERS
Subpart
1.
Definition.
Taxicab drivers are persons who offer fee for service auto transportation within a limited area.
Subp. 2.
Independent contractor.
A driver is an independent contractor if all of the following criteria are substantially met.
A. The
driver owns and drives his or her own cab, or leases it on a flat rate basis
and pays a specified rental on a daily, weekly, or similar time
basis.
B. The driver is free to
work the shift he or she chooses, and there is no control over when and where
the driver works.
C. The driver's
sole compensation is the fares and tips collected from patrons.
D. The driver is required to comply with
government rules and regulations and with firm regulations that are meant to
ensure proper care and handling of the cab.
E. The driver is not required to report his
or her whereabouts and is not subject to instructions on where to seek
patrons.
F. If the driver leases
the cab, the lessor is interested only in receiving the cab rental and, in many
cases, payment for gasoline and oil that the driver is required to buy from the
lessor.
G. The opportunity for
profit or risk of loss rests with the driver, not the lessor.
Subp. 3.
Employee.
A taxicab driver is an employee if all the following criteria are substantially met.
A. The employer
exercises control over the driver while the driver is in possession of the
cab.
B. The driver must work during
specified hours or on assigned shifts, pick up passengers on call, and report
his or her whereabouts periodically.
C. The driver must account for fares
collected.
D. The employer requires
that the driver perform the services personally.
E. The employer gives instructions on matters
of appearance, behavior, manner of seeking patrons, routes, order of services,
and time off from duty.
F. Payment
is in the form of a salary or salary plus a percentage of fares.
G. The driver is required to report
personally and regularly or furnish written reports.
H. There are no business expenses on the part
of the driver.
I. Both parties have
the right to terminate the relationship at any time.
J. There is no investment or opportunity for
profit or risk of loss on the part of the driver.
Notes
Statutory Authority: MS s 176.041; 176.83
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