Am I 1099 or company driver?

Discussion in 'Motor Carrier Questions - The Inside Scoop' started by credregal, Dec 18, 2012.

  1. credregal

    credregal Bobtail Member

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    Sorry if this is posted in the wrong section,Im new to this site. My situation is, I was hired on as a 1099 contract driver 6 months ago with a local company which I know means I pay my own taxes and such.Im questioning now if I am really a company driver and they hired me as 1099 to avoid taxes and such?,reason: They make me wear their company shirt and hat with their logo and I'm not allowed to wear shorts .I can not wear my own shirt/cap. I have to come in at a certain everyday and leave when they tell me(start at 7am-finish,sometimes 3-8p) I use their company truck and use their fuel card,their materials. We deliver everything from construction materials to medical stuff like blood/urine samples for labs. I drive bobtails,small and big and get paid $10 an hour(straight time,no matter what)i have worked 55 hours+ many times and its all straight time no overtime pay. I have been made to drive these bobtails a few times 22-26hrs straight(yes,you read right) all over Texas because supposedly no other driver were availible. I have a Class A CDL(Airbrakes,passenger endorsement,and twic)but most of my experience is bobtails,passenger bus,constuction equipment,dozer,bobcat etc but little experience with big rigs. I was wondering should I contact the laborboard about my situation? Any help is greatly appreciated.
     
  2. jgremlin

    jgremlin Heavy Load Member

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    The IRS is who gets to decide whether you're a employee or an independent contractor. But from what you've described, it sounds like they would rule on the side on you being an employee. Of course, they will only decide this if someone (i.e. you) drops a dime and reports them. But you need to consider that the company probably isn't going to want to keep you around very long if you turn them into the IRS for paying employees illegally. Its unlikely they would fire you directly for that sort of thing as you would probably sue them for wrongful termination. But its never hard to find a legit sounding reason to fire someone.

    As for the 22 hour work day thing, that ain't the IRS. that's the DOT. And I believe the DOT tends to consider the driver to be the captain of the ship when it comes to this sort of thing. There is no law against a company asking you to work 22 hours in a row. There is a law against you saying yes. You being fired for saying no isn't the DOT's problem. You saying yes to avoid getting fired is your problem as far as the DOT is concerned and they will generally be inclined to hang you for it rather than the company.


    So in short, you're working for a bad company that is paying you illegally and working you illegally. You can report them to various authorities but that is likely to adversely effect you and your chances for future employment as much as it effects them if not more. If you turn them in to the IRS, they're going to find a reason to fire you. If they use DAC they might put information on your record that will make any other company very reluctant to touch you.

    Your best bet is to find another job with a better company and then once your established in the new job, call the IRS and file a dispute against your 1099.
     
  3. Dinomite

    Dinomite Road Train Member

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    You knew what you were doing in the beginning. Lots of companies especially small fleet owner operators pay guys on 1099. Pay your taxes and find a new gig. As the driver said if you ran over your hours that is your fault. Also most companies will tell you that bobtail experience doesn't count and you probably will have to go with a trainer or something if you want to drive big rigs. Tons of companies around Houston. That you can work for doing bobtail type work. You might have to unload meat or produce, and some of the companies might even let you drive their big rigs. Lot of companies don't pay overtime to truck drivers. So get use to seeing it. If you continue in that line of work.
     
  4. bigirishwarrior14

    bigirishwarrior14 Bobtail Member

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    I agreed with this poster.

    As for working 22+ hours is so dangerous. How many logbooks do u keep in your truck?! Like the poster said, if DOT finds out, guess who gonna be in trouble? I'll give you hint. it's a driver. No companies gonna says "I told him to do that". You are the captain of the ship. If they fire you, well they did you a huge favor. Find a better companies.

    As for IRS thing, call them up. Your companies is avoiding taxes. driving their truck. wearing their uniform, using their fuel card. You are company driver. you getting screwed. Sound like fedex ground drivers. that another topic.
     
  5. SNAFU42

    SNAFU42 Bobtail Member

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    If you are getting $10/hr straight time and then paying your own taxes what's leftover?

    No wonder you are working 24/7 just to feed yourself.

    I dont see how that could work, do you live in a cardboard box out back?:biggrin_2556:

    Could be you need to head to greener pastures.

    Must be way too many drivers in Texas if they can offer 10buckanhour for a commercial driver and actualy get someone to do it.:biggrin_25513:
     
  6. jgremlin

    jgremlin Heavy Load Member

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    Probably about $6.70/hr. About 33% is generally the rule of thumb for taxes when you're working a 1099. Or at least it was when I last did it which was quite a while ago so it might be a bit different now. But yeah, that's pretty dismal for a professional driver. Time to find a better gig.
     
  7. credregal

    credregal Bobtail Member

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    I knew the pay was little when i took the job as i really needed one,but nothing was said about me wearing their uniforms or working extremly long hours,like i mentioned before i dont have alot experiance with big rigs,log books. I im trying to more experience,might try to get on with another company with a trainer or something. I have slept in their truck sucked as it was just a regular cab bobtail. The last straw was when their dispatcher called me and told me if i take a load(nothing big,300 lbs)and the dispatchet told me if i go in my own vehicle and pay my own gas the pay would be $400,i said yes,went and delivered(Houston to dallas) and back. When i got back,the supervisor told me the dispatcher shouldnt be giving me prices and that prices are given after we deliver. They would not pay me the $400,theygave me $325 and i paid my fuel from that(i actually used a small suv and spent $80. I told them i agreed to $400 and thats what i wanted,they said no because the prices were subject to change. Im looking for another job right now,but lots of horror strories on here about lots of companies,ex: Stevens,Jb hunt, USA trucking etc. . Im looking though. Thanks the the help guys
     
  8. SNAFU42

    SNAFU42 Bobtail Member

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    Do nothing to risk your icience.










    .
     
    Last edited: Dec 18, 2012
  9. DriverToBroker

    DriverToBroker Road Train Member

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    Just when I thought it couldn't get any worse.