If they have a shift and are expected to show up on time and in uniform, then they can’t be independent contractors.
They are trying to act like they are waiters who make $2.13 an hour and make up the difference in tips. When drivers are out on the road making deliveries they get tips. Domino’s is paying them less than minimum wage when they are on deliveries, and standard pay when they are in the restaurant working. The court said this was not legal. Ruby Tuesday restaurant was also sued for having waiters make tip outs to the host, bartenders bus people, and salad bar attendants after paying the wait staff $2.13 an hour. The court sided with the waiters in this also.