Independent Contractors In The Trucking And Messenger/Courier Industries

Minn. Stat. 176.043, effective August 1, 2009, lays out the criteria for when an operator in the trucking and messenger/courier industry is considered an employee or an independent contractor. There are seven factors that must all be present for a worker to be considered an independent contractor. Some of the factors include when the individual:

  • owns the equipment or holds it under a bona fide lease agreement;
  • is responsible for the equipment’s maintenance;
  • pays for the operating costs;
  • substantially controls the means and manner of the service performance; and
  • enters into a written contract specifying that the relationship is one of an independent contractor and not that of an employee.

CREDITS: This post is an excerpt from An Employer’s Guide to Employment Law Issues in Minnesota, originally produced through a collaborative effort between the Minnesota Department of Employment and Economic Development and Lindquist & Vennum, P.L.L.P.

This post is part of a series of posts on hiring an employee in Minnesota.