Schneider Chat Room version 2.0

No, but you are a driver. I believe the "employee" reference is to non driving employees (ie office monkeys).

It's also not a logical leap to include contractors as entities which a company is required to ensure compliance from.

On an unrelated point I look at our ICs as employees under a different pay scheme. I realize that my interpretation has little basis in law. Rather it is a moral interpretation.

 

GR since you look at me as an employee I'll be needing my paid vacation soon......lol

 

I sent out your Circus Peanuts last month? Didn't you get them?

 

Yes but they were just empty shells, much like my dreams of a Vacation..........lol

 

You still have dreams? I thought I'd crushed them years ago.

 

I respectfully disagree as to the ic vs. employee. nothing could be further from the truth. I realize it might look that way from the outside looking in. It's a entirely different ball game. The different pay scale involves risk, and a lot of it. I don't know if you have, but if you can find a way take a good read of the ic contract.

 

I also take you as extremely smart so I know you get the law part. It's the moral part that has me slightly baffled?

 

He's a company minion. He has aspirations of being an Operations Manager or beyond some day. I have one in my little fleet. And they do take drivers and move them inside. The dude that runs our little show moved down here from GB just for the job. His boss, the operations manager id from GB. Most of the important people at our local OC are from GB including the OC Manager.
Some people are slightly quicker on the up take than others, but to really get anywhere in this company, guess where you need to be from originally? Some of those folks inside are 2nd or 3rd generation.
I'm into the truth. I don't care what company it is.
I'm not gonna be PC for anybody. I'm a professional driver with a clean record that they keep sending to many of the most F/U stops they have, and I'm always there, on time, product in tact, equipment and surroundings un damaged, so my boss doesn't care what I do or say.
That lady that did my evaluation, who was very nice and just doing her job, was like " You have no issues. This is amazing." You have no recorded events, and only one log blip ( forgot to note post trip once ).
She says we have people that score in the 30's. I said that's impossible.

I've been driving on / off since '05. Two years with JB Hunt, and there is nobody more safety conscious than they are.
Having to go in every 90 days and do a skills test, is a company policy. How you guys can tip toe around some guy that's 100% wrong is your business.

 

Moral wasn't the best word choice. Philosophical difference of opinion would have been better.

I look at "Independent Contractors" as falling into one of two categories.

First are workers outside the core business model of a company. Think cleaning companies or 3PL. The company doesn't have the expertise to efficiently do the job where an outside contractors who specializes in the job has the knowledge and infrastructure to do the job efficiently.

Second is surge staffing. Temporary workers brought in for a specific time frame. Think seasonal workers, staffing for crunch time on a project, special projects, coverage for FMLA leave etc. The contract is for a specific project, a specific amount, and a specific time. It is not an ongoing, exclusive relationship.

Too many companies in too many industries have started using "contractors" to avoid payroll taxes, to avoid health insurance, to avoid pension and other "fringe benifits". In the early 2000s my friends were starting in the corporate world. They had a lot of stories of long time employees being laid off for 6 months, then rehired as "contractors" to do the same job they had been doing at less pay and no benefits.

In the trucking industry IC/LO are contracted with a carrier. The relationship is open ended, and the contractor is doing the same work as regular employees. The carrier gets to approve of outside work. Often the carrier controls the insurance, the maintenance, and other aspects of the "contractor's" business.

Legally you all are independent contractors. I would argue you are de facto employees until you run under your own authority, permits, insurance, etc. It's my own gestalt. I'm not knocking anybody for their choices, or for their self perception. I think as a society we are going thru a paradigm shift in the employee/employer relationship. Employeers are looking to avoid responsibility and liability and are improperly classifying employees. I extend this thought to.franchises. If a a franchise is required to follow certain procedures (above and beyond what is required by law), are required to use certain software, are required to purchase from certain suppliers (ie must buy Sara Lee Black Forest Ham from Vitos Meat Emporium despite Vito costing 10% more than other distributors of Sara Lee Black Forest Ham) then the franchisor can and should be held liable for the actions of the franchisee.

Another way to.look at it is the guy who "moves out" of his parents house into an apartment over the garage. Mom still cooks and cleans for him, the utilities are not in his name. Did he really move out or is he still living at home?

 

GR, when the time of the Class Action Lawsuit materializes your deposition will be needed.

Until then continue on.