Federal Express has made a decision in the case of a driver who stopped a flag-burning. They claim that the driver in question "remains a FedEx employee" and that this will not change.
Now, among the many jobs I have held in my long life was one contract gig pressure-washing FedEx trucks, which are required to be clean and presentable in order to maintain the corporate image. As at that time, and I have not heard that this has changed, FedEx drivers were also contractors rather than employees. My guess is that the 'employee' in question probably owns his own truck, and is properly speaking a small businessman in his own right. Yeoman farmers, more or less.