Fair Agreement for Contracted Driver question

Discussion in 'Ask An Owner Operator' started by kuma66, Jul 2, 2021.

  1. kuma66

    kuma66 Bobtail Member

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    Hello,

    With a couple successful businesses in various arenas under my belt I recently decided to take the plunge into the trucking world. I grew up in a transportation family which once owned a moderate sized company of 50-100 trucks depending on the era...that company was bought out long ago, but I've always wanted to rekindle the flame and start my own. Living in a place of rapidly growing expansion and hundreds of warehouses, it seems like an opportune time.

    So, I've got the bank loan financed at a good rate, a truck picked out, a carrier to work with (primarily intermodal), insurance, a bank account for the new enterprise, etc. I have a driver lined up who I know well and will be driving myself when I can pull away. The goal is to start small with minimal risk and, once the feet are wet, begin building a small fleet.

    I am making the down payment on the truck and the initial insurance. We have got some good financial reserves and several sources of revenue to act as shock absorbers for the time being. I have realistic expectations for the start and first few years.

    I would like to get the right balance of loyalty from my driver and solvency for the company.
    He has got his ideas for pay, which sounded reasonable, but I am wondering if you all could give me some pointers on a typical driver contract if there is such a thing for a small company. He would like a percent of gross or net rather than miles, hours, etc. What are some fair deals you've seen? He'll be a 1099 driver at his request though that could change.

    Is splitting all or some of the expenses a good idea? What percent of gross or net should go to driver versus owner of the equipment?
     
    Last edited: Jul 2, 2021
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  3. wichris

    wichris Road Train Member

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    Why not pay W-2 with some benefits. Because he is an employee.
     
  4. kuma66

    kuma66 Bobtail Member

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    I would. However it is his request to be a contractor/profit sharing partner rather than a w-2 employee.


     
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  5. REO6205

    REO6205 Road Train Member

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    At his request? Who's running things, you or him? You need to provide a decent wage and benefits to attract a really top rate driver. Bonuses and detention pay help too.

    If you plan on paying percentage, a good starting point is 25% of the gross. If the driver has to hustle his own loads or is required to do maintenance on the truck 27% is good for a start. One way to look at it is that a good, productive, and responsible driver doesn't really cost you, he makes money for you.

    I'll leave the debate about 1099's being illegal for what you want to do to the other members. I'm sure you'll get an earful.
     
    Speed_Drums, Brettj3876, 12 ga and 2 others Thank this.
  6. kuma66

    kuma66 Bobtail Member

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    A lot of the info on wages etc are understood esp. moving forward with new hires. This is a special case. The driver is a friend of mine and we are discussing this more as a partnership than a typical employer/employee relationship. I am providing the initial financial backing and general business experience and he is providing the hands on skills and contacts/knowledge of the industry.

    25% is the number I was looking for--thanks. We have a carrier we will be contracting with that will be providing the loads.

    I am all ears about the legality of 1099's.
     
  7. Vitkouski

    Vitkouski Light Load Member

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    kuma66 Thanks this.
  8. kuma66

    kuma66 Bobtail Member

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  9. skallagrime

    skallagrime Road Train Member

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    This will wreck your friendship more likely than not. Small buisness cannot handle that very well, it is likely to lead to bankruptcy.

    If you are determined to pursue this, form an llc, and have a full partnership agreement beforehand.

    2 people steering the same small boat is likely to sink it, your priorities will likely be very different especially if hes on the ground doing the gruntwork in the truck.
     
    Midwest Trucker Thanks this.
  10. kuma66

    kuma66 Bobtail Member

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    Thanks. I already formed the LLC and my wife and I are the owners. I should have been more specific. By partnership I meant we are allying toward the cause rather than in a legal sense. It is not an equal partnership in the sense that I am in control but I can still use his expertise and want to treat him fairly.

    My purpose in coming here was to gather data for info I can put into his contract.
     
  11. skallagrime

    skallagrime Road Train Member

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    Ah, i misunderstood

    Consider this, despite you putting up for the note, this may be fertile ground for a lease-purchase that could actually work, it could also go absolutely tits up

    Im going to assume his skin in the game is close to 0 as hes not in the partnership and hes essentially driving your truck. This may be unfair, but it is an accurate outsiders view of the situation.

    Percent of load company driver for which i received benefits and had taxes deducted etc as a w2 was near 30-32%

    This works well but note that youre going 1099, that means the % needs to go up a bit if youre going to pay a reasonable wage.

    What about the inevitable headache at 3 am when he blows a tire? Is he just replacing it and getting reimbursed? Or do you need woken up to find the tire company and pay them?

    This coupled with the 1099 preference is why i recomend having him run as an o/o he gets buy-in and you lose a headache (somewhat)
     
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