should i pay my driver BEFORE/AFTER FUEL COST

Lavender over the years you'll learn when talking to drivers you'll be beating around the same bush day after day & isn't worth trying to explain anymore. I deal with these whining laws everyday when drivers say they have to take a break it's the law then complain their not running 24/7 it's a no win situation. When it comes time to get home they'll run harder work their logs to get there then you don't see them complaining. Drivers waiting till last minute to leave the house to get to appointment then all of a sudden it's the employer's fault. I'm done with this post it's a waist of my time.

Ken

 

Maybe it sounds good what your saying LT but in practical terms it's poppycock. Why should a driver have to operate like a business? Isn't there enough work in driving a truck?

 

Guess it works till you get caught.

http://www.claimsjournal.com/news/west/2010/02/04/107132.htm


"Brown also argued that, in violation of California Business and Professions Code 17200, Pacifica Trucks had an unfair advantage over its competitors through the cost savings achieved by misclassifying its workers.
The judgment requires Pacifica Trucks to permanently refrain from misclassifying truck drivers as independent contractors and to pay a penalty.
Brown previously won lawsuits against the following trucking companies for similar violations:

• Guasimal Trucking
• Jose Maria Lira Trucking
• Esdmundo Lira Trucking
• Noel and Emma Moreno Trucking

"

 

If you do not own the equipment you drive, if you are directed where, when or how to complete your job, then you are NOT an "Independent Contractor".
If your "employer" tells you WHAT to pick-up, WHEN to pick-it up, WHEN to deliver it, HOW to load (or secure) it.......you are NOT an "Independent Contractor".

The IRS is very clear on this.
http://www.irs.gov/businesses/small/...=99921,00.html

 

Doesn't matter what you "believe" in. States and the Federal Government mandate that your employer "pay into" the system.

 

You can't explain away why you wish to operate outside the law.......that's for sure.

 

Before I was in a career and industry where 1099 contract was the norm and how it was done... So, it wasn't poppycock it was they way it was...

Why should a driver have to operate as a business... My first answer would be if in the long run it is better or more beneficial for them to do so.... But, it isn't as involved as you think..

Isn't there enough work in driving a truck.... again, it isn't as much work... I really don't do anything but save all my reciepts and then mail them to my accountant... beore, I would take care of it all myself, but all that meant was 4 times a year I paid and filed my taxes.... as for the insurance I just paid the premiums....

I am not saying it is for everyone or everyone should want to..

What I am saying is that an employer offering an employee to work as a 1099 contractor is not necessarily a an uncaring, law breaking, trying to screw the little guy employer... and there are some individuals like myself who would prefer to work as a 1099 contractor....

The one thing I have noticed is that there is alot of fear and misunderstaning about working as a 1099 contractor... especially if you have only ever been an hourly/wage/per mile employee.... alot of people speak from that fear and misunderstanding....

If you were to be on a forum for people in an industry or career where it was normal to be a 1099 contractor and most there were 1099'd.... it would be a different conversation... they would be against the hourly/wage/per mile... company holds your tax money and decides your insurance needs...

 

No, I cannot which I don't operate outside the law. As I stated before I was trying to help out. If I write a contract up my name & me have nothing to do with the contract just the parties signing the contract. This post is about what Eddie is trying to accomplish not me. My drivers get w2 at end of year not 1099. My Owner Operators get 1099 at end of year. I also pay Workers Comp. Insurance for my drivers. As educated as you seem to be you should of seen how I said I don't run my business this way. Lavender this is what I mean by beating around the bush. Many drivers get upset cause they just don't get it & cannot be as successful as others. I agree these things work until you get caught so why screw around & just do it rite begin with. The O/O operator that works for me pays workers comp. on his driver in his truck also.

Ken

 

Forgive me if I'm being rude but being a forum supporter it looks to me this forum should send you guys to some reading college courses. I didn't offer legal advice which I'm not qualified to do. The contract would benefit the driver also so he would understand more on how he's trying to operate if that driver even knows how to read he would understand more & hope he makes a better decision on his career choices.

Ken

 

Originally Posted by Big John
Hell just make him a partner and tell him he gets 40% but he has to pay his share of the operating cost, then you won't need to pay for workers comp on him or her. Thats how the bigs boys at Prime got started but they just call it a lease.

Simmer down Gramps don't get your blood pressure up. I guess you don't have a sense of humour, I was making a joke.