My dad is a retired vet and has expressed an interest in co driving with me once I embark on the O/O quest. The thing is, he doesn't want to be paid. He has a comfortable retirement and does not want to lose any of it, so, legally, on paper, he can't be an employee.
So, simply put, would it be legal for him to co drive with me, but not be a legally employed driver? (He would, of course, have his CDL.)
If yes, could you please explain a little of why, so it is something I could easily relay back to my father. (He likes to know the "why's" of things.)
If no, are there, by chance, any work arounds?
(What I haul and where is flexible, I am willing to train to make it work. My dad would most likely just help with the highway miles, so if that is a factor that opens up some options, please let me know.)
Legal Question
Discussion in 'Ask An Owner Operator' started by Sunshine007, Apr 2, 2021.
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Call OOIDA if your a member, if not then call your state trucking association.
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He's going to need to be listed on your insurance and listed as an employee of your company to be legit. All miles must be accounted for and driven by someone.
Are you sure he is unable to have any income? Seems odd he couldn't work under a certain $$per year without screwing up his benefits86scotty and Mattflat362 Thank this. -
Hire him, put him on the payroll @ say $.10 a mile or less. Would that work?
Mattflat362 Thanks this. -
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No. If he’s not employed by the company, then he’s not covered by their insurance. Also, driving for a company without pay puts them in violation of labor law.
slow.rider Thanks this. -
I am 72 yrs old and collecting social security. I make approximately 80k and not a penny comes out of it. You do have limitations the first year.
Mattflat362 and slow.rider Thank this. -
This is just my suggestion but you should verify with an attorney before taking any action.
Find out what the threshold is that will cause a reduction in his benefits if he crosses it. The pay him a salary that is just below that amount.Mattflat362 and slow.rider Thank this. -
What if he sets up a corporation and then does not pay himself from it? Treat it as a nonprofit, all proceeds to charity....
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just have the dad work for $1 a week. There is no law that says he has to get prevailing wages when it is family.Mattflat362 and larry2903 Thank this.
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