US DOL announces final rule on classifying workers W2? or 1099?

Discussion in 'Trucking Industry Regulations' started by ihaveaquestion, Jan 10, 2024.

  1. ihaveaquestion

    ihaveaquestion Medium Load Member

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    Rule is Effective March 11th 2024. Everyone (all industries) who wonders "am I an employee? or contractor? Where do I qualify?" They take a test and if they pass a multifactor “economic reality” test used by courts to determine whether a worker is an employee or independent contractor; the results from the test provides them resolve to their questions and lets them know what they are or how they classify in the world of employment or contractual services.

    Curious of others thoughts for how this will work in transportation, and not only drivers but also brokers. Look forward to your perspectives


    US Department of Labor announces final rule on classifying workers as employees or independent contractors under the Fair Labor Standards Act

    Final Rule: Employee or Independent Contractor Classification Under the Fair Labor Standards Act, RIN 1235-AA43
     
    Last edited: Jan 11, 2024
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  3. onetime42

    onetime42 Light Load Member

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    I can't believe more people aren't talking about this.
     
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  4. OlegMel

    OlegMel Medium Load Member

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    Seems like the government will do 100% of the thinking for US and A residents soon.
     
  5. buzzarddriver

    buzzarddriver Road Train Member

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    How many "independent contractors", 1099 people never file their income tax and self employment taxes in hopes the IRS never catches on and increase the take home pay?
     
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  6. OlegMel

    OlegMel Medium Load Member

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    I’ve been filing my taxes for as long as I have had my corporation. Also everyone I know does the same. If you don’t file taxes than within 1 year you’ll letter with court date from irs. Too many delusional folks think that just because you work for 1099 than you automatically don’t file taxes or steal. On the other hand the Punjabis from India that double broker and try to make quick buck get away wi the anything . Government is trying to pass out laws to make it look like they’re getting tax evasion under control. But in reality they’re making another big step towards controlling people. Why don’t they put the immigrants to work right away??? Why don’t they clean up highways or neighborhoods?? Instead our tax money is given for their food, place to live, transport, food banks as well as monthly allowance…. Why is Israel getting billions of our tax money every year for decades now?why is US military in countries they should not even be? Our taxes get handed out left and right but are barely spent within our country. It’s always pay more taxes but never here’s a tax cut for you because you paid $20000 in taxes last year so you can have a break and spend it on your family or your house. The only ones who get tax cuts are big corporations and multi million dollar businesses. The tax payers and the middle class never ever gets a break.
     
  7. Thinkforyourself

    Thinkforyourself Bobtail Member

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    Wild reading the comments here, I read it more like either the companies give the independent contractor (IC) more control on rates and schedule or else they are subject to making you an employee. Why do we see being an employee as a bad part? Sure taxes is a big part but having control of your rates is just as important. Coming from a last mile business perspective, those brokers try to offset risk to the IC's but currently control the rates and the schedule. This forces their hand in taking the risk on to them or having to change their business model to offset that, hopefully this give us, IC more control. This is just my viewpoint and would appreciate your viewpoint from your industry.
    Thanks
     
  8. FearTheCorn

    FearTheCorn Medium Load Member

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    I actually had a conversation with a lease operator not too long ago who was close to pissing his pants over excitement that he didn't have to pay taxes. For real.
     
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  9. Thinkforyourself

    Thinkforyourself Bobtail Member

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    I would like to understand your frustration. If you own your vehicle, but don't control your rates or schedule you would be considered an employee. My following suggestion would be that since you owned your vehicle you should be compensated for doing that. In this case you would be an employee and would be subject to taxes but wouldn't you also have medical insurance and the other benefits that come with being an employee, your risk is minimized and you should be compensated for your investment in a truck. But on the other side if who you work for doesn't allow you as an IC to control your rate or schedule, and don't want to carry on the risk of the IC(insurance,gas,etc) they're going to need to change their business model to allow you to be an IC hopefully giving you more control on your rates and schedule in turn you making more money.
    I might not understand your frustration but am really looking forward to how this would effect you in your business and industry. Hope you read this.
     
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  10. TruckDriver87

    TruckDriver87 Bobtail Member

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    We have seen evidence that those in power know the right thing to do, but are not doing it on purpose. Here is an example:

    Gavin Newsom slammed for only cleaning up San Francisco "for Xi Jinping"

    This means that the State/Federal government(s) are aware of things like: Degraded infrastructure/roadways, housing crisis, homeless vets, cost of living outpacing wages, border security, etc, but are choosing to ignore the issues.

    I don’t know how true this is, but I’ve heard that it would only take 20 Billion to solve the homeless problem in America: How much printed money has been sent to Ukraine so far?
     
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