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.
An agent driver is an independent contractor if all of the following criteria are substantially met.
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.
Although the driver may work full time, the driver does so by choice; and selects working hours.
An agent driver is an employee if all the following criteria are substantially met.
The driver reports to the company office at specified times to load trucks, return unsold goods, and report on activities as requested.
The driver may quit or a firm may fire the driver on short notice, and neither is liable for damages for noncompletion.
The driver receives paid vacation, sick benefits, or other similar benefits offered to nondriver employees of the firm.
10 SR 1852
June 11, 2008
Official Publication of the State of Minnesota
Revisor of Statutes