Okay.. so i have been driving for a company (their hot shot flat bed truck) for 3 months. They pay gas, all insurance. I have been asking them for pay stubs for 2 months ( I have only gotten 3- , because they told me their computer is down). Found out today they are considering me sub-contractor. Pay is 25% of load. They have paid Holiday Pay, all gas, all insurance, reimbursed all tolls, reimbursed all expenses like straps. I sleep in truck. I never see how much is being paid for the loads (rate confirmation). I do not get a copy of the BOLs or anything after the load is completed. Should I be getting these things and would I really be considered a sub-contractor? But the way I see it is this..... If you are paying me 25% of the load, how am I to know you are not cheating me if I don't see how much your getting paid for the load. And if I am a sub-contractor, why are you paying me Holiday Pay? and reimbursing me for tolls, straps and tarps. Only thing I do is show up, get in their truck, pick up a load and then drop it off where they tell me to. I have a CDL and that is it.... No business. I NEED HELP!!
BOL/Rate Confirmation Copies - PLEASE I NEED HELP
Discussion in 'Expediter and Hot Shot Trucking Forum' started by outonalimb, Nov 5, 2015.
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Are you A W-2 or 1099 driver,On the pay ck. you have are taxes deducted ?
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they said 1099... no tax deductions on pay stubs... never gave me any paper work for anything. i have not signed Anything at all .. no contract.. no nothing. only filled out appliation and they sent me for pee test..that they paid for
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Definition:
An employee is a person who works in the service of another person under an express or implied contract of hire, under which the employer has the right to control the details of work performance (Black's Law Dictionary).
An employee is hired for a specific job or to provide labor and who works in the service of someone else (the employer). The IRS classifies a worker as an employee as follows:
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In general, anyone who performs services for an organization is an employee if the organization can control what will be done and how it will be done.The control question is used to determine whether a worker is an employee or an independent contractor.
The factors designating someone as an employee include:
- A specific wage or salary
- An implied or written contract
- Control of the person's work by the employer
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Independent Contractor Defined
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People such as doctors, dentists, veterinarians, lawyers, accountants, contractors, subcontractors, public stenographers, or auctioneers who are in an independent trade, business, or profession in which they offer their services to the general public are generally independent contractors. However, whether these people are independent contractors or employees depends on the facts in each case. The general rule is that an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done. The earnings of a person who is working as an independent contractor are subject to Self-Employment Tax.
If you are an independent contractor, you are self-employed. To find out what your tax obligations are, visit the Self-Employed Tax Center.
You are not an independent contractor if you perform services that can be controlled by an employer (what will be done and how it will be done). This applies even if you are given freedom of action. What matters is that the employer has the legal right to control the details of how the services are performed.
If an employer-employee relationship exists (regardless of what the relationship is called), you are not an independent contractor and your earnings are generally not subject to Self-Employment Tax.
However, your earnings as an employee may be subject to FICA (Social Security tax and Medicare) and income tax withholding.
For more information on determining whether you are an independent contractor or an employee, refer to the section on Independent Contractors or Employees.
It sounds like you are an employee.
Good luck.outonalimb Thanks this. -
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Of course you have the right to receive all paperwork they are using to determine your pay. No matter what they declare your status is. Employee or Contractor.
outonalimb Thanks this. -
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Outonalimb if you enjoy this type of work you can get truck and trailer and do this yourself. Yes easer said than done. Sounds like they are operating in a grey area. If something were to happen on the road they will not back you up. Try to get away from that company. ( IMO )
outonalimb Thanks this.
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