I am wondering how Time Warner is getting away with categorizing this guy as an independent contractor. He wears a company specified uniform, uses company supp

I am wondering how Time Warner is getting away with categorizing this guy as an independent contractor. He wears a company specified uniform, uses company supplied tools, and does jobs in the order specified by the company. This sounds like a clear-cut case of mis-catagorizing an employee as in independent contractor in order to avoid paying overtime.