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Stephen Hemmerling was a driver for the Happy Cab Co. Hemmerling paid certain fixed expenses and abided by a variety of rules related to the use of the cab, the hours that could be worked, and the solicitation of fares, among other things. Rates were set by the state. Happy Cab did not withhold taxes from Hemmerling's pay. While driving the cab, Hemmerling was injured in an accident and filed a claim against Happy Cab in a Nebraska state court for Worker's Compensation benefits. Such benefits are not available to independent contractors. On what basis might the court hold that Hemmerling IS an employee? Explain fully.

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Answer and Explanation:

The court can hold that Hemmerling is an employee of the Happy Cab Co. in several cases:

1) The standard operating procedures followed by Hemmerling that is stated by Happy Cab Co. such as abiding by variety of rules, the hours he could work and solicitation of fares.

2) Hemmerling also paid fixed expenses and the car provided by the cab company suggest that he works for the company just like any other employer employee relationship.

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