NY Cracking Down on Trucker Classification (1099)

Discussion in 'Truckers News' started by CondoCruiser, Mar 29, 2014.

  1. CondoCruiser

    CondoCruiser The Legend

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    Read the full article here....
    http://www.landlinemag.com/Story.aspx?StoryID=26713#.UzZQwvmuQ3l
     
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  3. nawarra1

    nawarra1 Light Load Member

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  4. chalupa

    chalupa Road Train Member

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    Wow huh? But that's New York...not U.S.... good info.

    And if Schneider ( and probably others) change their operations ( not accepting apps ) then that's a clear indicator they were doing something wrong.

    Interesting........
     
  5. Roadmedic

    Roadmedic Road Train Member

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    Cannot see why. The law clearly states an owner operator is one who owns the truck. There must be another reason.
     
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  6. Cat sdp

    Cat sdp . .

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    Anybody know what those 11 points are? The article doesn't list them.....?

    I personally think if your leased to a carrier full time, your a company employee. Your likea mechanic
    that owns his tools.

    Ya maybe you can turn down a load.... Maybe not depending . But you can't deliver pizzas at night with the truck. And if the carrier holds the paper on the truck.... You have no say in anything.
     
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  7. Roadmedic

    Roadmedic Road Train Member

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    Here is an attorney position on the article with them listed.

    http://www.pepperlaw.com/publications_article.aspx?ArticleKey=2803
     
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  8. fortycalglock

    fortycalglock Road Train Member

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    I'm leased to Landstar, and I would say it's more like me owning a franchised mechanic's shop. I come and go as I please, find my own loads, bear all of the risk, own my truck and lease my trailer, etc. Of course, we all know this legislation is for the trucking company's that pay drivers on 1099's. They come on TTR all the time and tell us how it's legal. I remember one saying the driver provides his own map and CB, so he was an independent contractor!
     
  9. chalupa

    chalupa Road Train Member

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    Doesn't look too bad.....the one that really stands out is being able to offer his services to the general public. If that were adopted on the federal level then many bad lessors would be sent home. We all know if they lease us a truck it's forced retention and your forbidden to TL or leave unless you have the cash to buy out.

    Keep your fingers crossed.....
     
  10. Roadmedic

    Roadmedic Road Train Member

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    You have hit on the issue that is going to be a problem to the megas. Are they truly the owner of a lease truck?
     
  11. russellkanning

    russellkanning Medium Load Member

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    I was thinking it was the government who was doing something wrong.
     
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