context: Put simply, the argument is wrong and has been consistently rejected by numerous courts, including this one. But while not dispositive of the inquiry, the fact that Plaintiffs classified themselves as independent contractors on their tax returns and took business deductions certainly weighs in favor of independent contractor status, as does the fact that drivers did not receive any benefits from Defendants.
citation_a.signal: cf.
citation_a.identifier: 977 F.Supp.2d 187, 202
citation_a.parenthetical: "That Mr. Kalloo received a 1099 form does not outweigh the other, more substantial aspects of his relationship with defendants."
citation_a.sentence: See, e.g., Velu, 666 F.Supp.2d at 307 (npting that the defendant’s limited provision of benefits weighed in favor of independent contractor status for purposes of the FLSA); Sellers, 2014 WL 104682, at *8 (“Plaintiff received 1099 forms ... and defendants did not withhold payroll or other employment-related taxes or issue W-2 forms to plaintiff. Plaintiff[’]s tax treatment by defendants signifies that he was in fact an independent contractor.”); cf. Kalloo v. Unlimited Mech Co. of N.Y., 977 F.Supp.2d 187, 202 (E.D.N.Y.2013) (“That Mr. Kalloo received a 1099 form does not outweigh the other, more substantial aspects of his relationship with defendants.”).
citation_b.signal: see
citation_b.identifier: 666 F.Supp.2d 307, 307
citation_b.parenthetical: npting that the defendant's limited provision of benefits weighed in favor of independent contractor status for purposes of the FLSA
citation_b.sentence: See, e.g., Velu, 666 F.Supp.2d at 307 (npting that the defendant’s limited provision of benefits weighed in favor of independent contractor status for purposes of the FLSA); Sellers, 2014 WL 104682, at *8 (“Plaintiff received 1099 forms ... and defendants did not withhold payroll or other employment-related taxes or issue W-2 forms to plaintiff. Plaintiff[’]s tax treatment by defendants signifies that he was in fact an independent contractor.”); cf. Kalloo v. Unlimited Mech Co. of N.Y., 977 F.Supp.2d 187, 202 (E.D.N.Y.2013) (“That Mr. Kalloo received a 1099 form does not outweigh the other, more substantial aspects of his relationship with defendants.”).