Legal Question

Discussion in 'Ask An Owner Operator' started by Sunshine007, Apr 2, 2021.

  1. ZVar

    ZVar Road Train Member

    10,911
    23,833
    Sep 10, 2010
    Flint, MI
    0
    What labor laws? Truck drivers are exempt from almost all labor laws. Pay and hours being the biggest two.

    He would have to be hired on, treated as an employee with all the paperwork that entails. He can have a pay rate of one penny a mile, or 1 dollar a week or whatever. He, however, has to have a full driver qualification file, insurance, drug pool, etc.

    Double check with pension, but most allow one to make x amount before the pension is cut back.
     
    lester, slow.rider and Mattflat362 Thank this.
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. wichris

    wichris Road Train Member

    4,526
    9,330
    Jan 17, 2011
    0
    Why complicate it, make him a 1/10% partner. No payroll taxes, no comp. Buy an occupational policy for him. Employee under FMCSA is not the same as employee for the IRS.
     
  4. Jenn72

    Jenn72 Medium Load Member

    604
    1,454
    Jun 7, 2019
    0
    By retire vet do you mean 100% disabled vet? If he is, then is he 100% secular or 100% TDIU?

    100% secular he won't lose anything if he is employed. The 100% TDIU causes a problem, but there are special rules around it if employed by family.

    SSDI allows him to work. Just an income limit. Also, they have different rules for working for family too.

    You can contact VA or a service rep like DAV for guidance. Also, SS will help you too. My advice is get everything in writing. That way you have proof incase they call him in for a reevaluation.

    Little story. Friend is on SSDI. She rented out her house, she had it managed by a property co. For tax purposes it was counted as personal income not as rental income. She filed taxes.

    That yr she got called into SS for working. She explained that she didn't work or actually even managed the property and brought in the paperwork to show them.

    The person doing her eval said she was legal in renting out her property, but if she continued to file taxes the exact way she did it would flag her an eval every yr. She quit filing that way & hasn't had another eval.
     
    Sunshine007 and Doealex Thank this.
  5. Sunshine007

    Sunshine007 Bobtail Member

    4
    2
    Apr 2, 2021
    0
    I know he has a high disability percentage, if not 100, but I am unsure of any other specifics as of yet. He only recently expressed his interest to me so I am trying to educate myself on what options are available for him. I am sure there's a pay cap, I just don't know what it is yet.
    Thank you for the message. I have forwarded this message to my dad. He can be stubborn about getting back to me with any haste. If he decides to push forward with it, this info will eventually reach my step mom, who is a VA assassin when it comes to dealing with them.
     
    Jenn72 Thanks this.
  6. Sunshine007

    Sunshine007 Bobtail Member

    4
    2
    Apr 2, 2021
    0
    I admit. I am an absolute newbie to much of this. It seems that if he is hired as an independent contractor and not as an employee, I would not be beholden to labor laws regarding minimum wage and could legally pay him a penny a mile. I'll be doing more digging over the coming weeks. If my father is serious, he will undoutedly do his own research and consult an attorney familiar with trucking regulation. I appreciate all who commented, and welcome any further info or advice.
     
    Jenn72 Thanks this.
  7. ZVar

    ZVar Road Train Member

    10,911
    23,833
    Sep 10, 2010
    Flint, MI
    0
    His job makes him an employee vs. contractor. Him being a truck driver means wage laws don't apply.
     
    Jenn72 Thanks this.
  8. roundhouse

    roundhouse Road Train Member

    3,213
    7,335
    Jul 11, 2018
    0
    I have no knowledge of VA stuff, but with regular Social security , they absolute will dock you , dollar for dollar , if you report any income on your tax return.

    my father retired and then got bored and took a part time job, he quit as soon as he realized he was working for free.

    he then found part time job that paid in cash.
     
  9. ZVar

    ZVar Road Train Member

    10,911
    23,833
    Sep 10, 2010
    Flint, MI
    0
    Nope for SSI. At least automatically.
    I forget the exact numbers, but one could make something like 8,000 a year before they lost any money. From there you could make up to something like 12,000 and loose 50 cents for every dollar made.
     
  10. kemosabi49

    kemosabi49 Trucker Forum STAFF Staff Member

    11,010
    48,096
    Jan 13, 2013
    SW Arkansas
    0
    For regular SS.
    If you retire earlier than your full retirement age (was 66 for me) you can make up to $18,960 this year. After that they will deduct $1 for every $2 you make from your monthly payment. If this was the year you reach full retirement age you can make around $50,00 before the penalty kicks in. After full retirement age there is not limit on how much you make.
    For SSDI: There are limits on Earned Income and they may consider you no longer disabled. I think you are allowed around $1200 but I sure would contact SS to be sure before I put my payments in jeopardy.
     
    larry2903 and GoneButNotForgotten Thank this.
  11. Antinomian

    Antinomian Road Train Member

    2,193
    3,492
    Feb 17, 2013
    0
    Transportation workers are exempt from certain provisions of the Fair Labor Standards Act. I'm not aware of any other laws that don't apply.
     
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.