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Question 1 (about one page)
Based on the following facts, explain in full whether the transport driver, James Kirk, is an employee or an independent contractor:
Question 1: Facts
James Kirk is a transporter of passengers for Enterprise Shuttle Company (Enterprise). He has worked at Enterprise for almost three years. His transport area is strictly set by Enterprise in Philadelphia and New Jersey. James pays certain fixed expenses for which he is reimbursed, such as tolls and gas, and use of a minivan provided by Enterprise. Enterprise services and repairs the van. Enterprise does not withhold any taxes from his bi-weekly paycheck. James follows a strict schedule, has various company rules to follow and the rates that are charged are set by the company.
On September 21, 2022 he was injured in an accident by a drunken driver while transporting passengers from Philadelphia to the Newark Airport. He will miss work time and has medical bills. He informed Enterprise that he will file a worker's compensation claim. Enterprise tells him not to do so because he is an independent contractor, and ineligible for benefits. Is James eligible or ineligible for benefits and why?
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