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Which of the following is true regarding the result in the Case Opener, the case

ID: 2484853 • Letter: W

Question

Which of the following is true regarding the result in the Case Opener, the case involving whether FedEx illegally refused to collectively bargain with single-route drivers on the basis that they were independent contractors, not employees?

A. To determine whether the FedEx drivers should be classified as employees or independent contractors, the court applied federal statutory law

B. The court found that FedEx did not exercise the degree of control necessary for the relationship to be considered employer-employee.

C. The court found that at times the drivers acted as employees and that other times they acted as independent contractors and that they would, therefore, be classified as independent contractors.

D. The court found that at times the drivers acted as employees and that other times they acted as independent contractors and that they would, therefore, be classified as employees

E. The court found that all the rights and duties of employees as agents applied to their relationship with FedEx

An individual who lacks contractual capacity may hire an agent to make contracts on his or her behalf - True or False

Explanation / Answer

D- the court found that at times the drivers acted as employees and that other times they acted as independent contractors and that they would therefore be classifed as employees

common law agency test was used under which court found that the drivers are employees and not independent contractors

Fed Ex told it drivers where to go like employees but they did not control their profits like in case of independent contractors.

b) False since if the person does not have contractual capacity it cannot hire an agent on its behalf

D- the court found that at times the drivers acted as employees and that other times they acted as independent contractors and that they would therefore be classifed as employees

common law agency test was used under which court found that the drivers are employees and not independent contractors

Fed Ex told it drivers where to go like employees but they did not control their profits like in case of independent contractors.

b) False since if the person does not have contractual capacity it cannot hire an agent on its behalf

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