per year to audit their performance; and that a truck and driver be available for deliveries every Tuesday through Saturday. Id. The courts and the Board, however, have repeatedly regarded the presence or absence of these very factors as important in determining whether a worker is an employee or independent contractor. One factor that the Regional Director emphasized was that the drivers “perform a function that is a regular and essential part of FedEx Home’s normal operations, the delivery of packages” to homes. Op. at 502. .Although my colleagues acknowledge that “the essential nature of a worker’s role is a legitimate consideration,” they minimize it as “not determinative.” Id. But that is true of every factor in the common-law test. See United Ins., 390 U.S. at 258, 88 S.Ct. 988 (<HOLDING>). Moreover, the cases have repeatedly cited
holding that all of the incidents of the relationship must be assessed and weighed with no one factor being decisive holding that no one factor is determinative and the weakness of one factor may be overborne by the strength of the others holding that edwards protection only extends to interrogation and that denial of counsel is only one factor to be considered in determining whether  consent was voluntarily given but it is not a decisive fact holding that no one factor is determinative and the weakness of  one factor may be overborne by the strength of the others holding that no single factor controls and that all factors must be weighed in light of fundamental fairness and the circumstances of the case