> Postmarked couriers aren’t required to report to any supervisor, and are free to work as much or as little as they want with no set work schedules, according to the majority ruling.
“Control” here is falling prey to the freedom fallacy; something we should expect a judge to overcome.
Because the employee’s value is only known to the employer and the employer’s value only to the employee, the only calculable control is in the exchange.
If the employer pays the employee up front, the employee has control. Otherwise, they don’t.
Independent contractors manage this with a per-job contract only good for liability, but not control. The difference between an employee and an independent contractor is merely in the nature of the agreement over time. “Control” has nothing to do with it.
What am I missing?