New Jersey courts use a multi-factored approach to determine who qualifies as an employee for liability purposes. In most cases involving food delivery drivers for app-based services, these factors weigh in favor of independent contractor status. The delivery driver usually delivers food orders for a number of different restaurants and uses a personal vehicle for the deliveries. Payment is based upon each food delivery. Importantly, the restaurant’s business is making and serving food—as opposed to the business of delivering items to customers in their homes. The app’s typical business is facilitating the orders, not making the actual deliveries.