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<blockquote data-quote="dmac1" data-source="post: 2330557" data-attributes="member: 60252"><p>You really don't understand that under the ISP model, control is just a minor issue when it comes to determination of employee status. The ISP model is likely to pass muster with almost every jurisdiction because the line is so blurry now. Company control is only one of the 10 or more factors that go into determining status. And even with the individual IC it was a close enough call to take 15 years to settle.</p><p></p><p> The ISP has employee drivers whom the contractor has every right to control, and under the ISP model, it is likely that fedex has the right to ask the ISP to deliver more under fedex's control. As stated, control is just one part of the test. With the extra entrepreneurial opportunity the ISP has compared to the old IC model, control is almost a moot issue.</p><p></p><p> Just like McDonalds corp can tell franchises when they must be open, and when they must serve breakfast, Fedex corp can tell the ISP when they must deliver certain packages.</p></blockquote><p></p>
[QUOTE="dmac1, post: 2330557, member: 60252"] You really don't understand that under the ISP model, control is just a minor issue when it comes to determination of employee status. The ISP model is likely to pass muster with almost every jurisdiction because the line is so blurry now. Company control is only one of the 10 or more factors that go into determining status. And even with the individual IC it was a close enough call to take 15 years to settle. The ISP has employee drivers whom the contractor has every right to control, and under the ISP model, it is likely that fedex has the right to ask the ISP to deliver more under fedex's control. As stated, control is just one part of the test. With the extra entrepreneurial opportunity the ISP has compared to the old IC model, control is almost a moot issue. Just like McDonalds corp can tell franchises when they must be open, and when they must serve breakfast, Fedex corp can tell the ISP when they must deliver certain packages. [/QUOTE]
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