Am I an independent contractor ? 1099 ?

That's a pretty good scam going by this company. You're simply an employee of their company, yet they make out a million ways to one.

This reminds me of the local Fed Ex driver that comes to my office. He claims not to be an employee of Fed Ex, rather he is an "Independent Contractor". Walk outside, he's driving a Fed Ex truck that says "Fed Ex" on the side of it! Basically Fed Ex saves a bundle by not having to pay him benefits, taxes, cover him under workers comp, etc.

I think companies that do this type of stuff are total bush league. I have drivers that drive for me, they are my employees, I don't try and screw them over by calling them IC's.

 

You are only partly correct about Fed-Ex contractors. The I/C is a O/O who owns his own tractors, runs under the Fed-Ex authority and bids for his line haul contracts. I drive for one of those contractors now. Regular payroll, taxes etc., insurance, workmans comp etc. All of the tractors are subject to Fed-Ex inspections and must meet their standards. Not sure but isn't that how most O/O who lease on to a company operate when the have 5, 8, 10, or more tractors?

 

Not talking about a commercial vehicle here, this is just one of those small delivery trucks dropping off a package here and there.

Believe me, I know, because the idiot fell down during a blizzard here and filed a lawsuit against me. And he said since he is an IC, he isn't covered under Fed Ex's workers comp, so that makes is my responsibility!? Middle of blizzard, we were CLOSED, and this 75 year old guy falls down and now wants to take me for a million, absurd.

 

Don't know how they do things there, but here the FedEx P & D driver's ARE contract drivers and either own their own vans, or work for someone who does. FedEx doesn't own any of the P & D stuff here.

 

Your talking about Fed-Ex Ground P&D drivers. Fed-Ex uses temporary help provided by by a temp agency to cover vacations and busy (holiday) periods. They are employee's of the temp agency, go thru the Fed-Ex hiring process for approval and wear the uniform, but are paid by the temp agency. I don't know all the rules that govern temp agencies.

 

Yes, everyone is correct. I will be stating that it is not a legal way to work.

You are not providing anything except driver services. This is considered employment.

After all, you have stated that you are completing a time sheet, which constitutes an employment arrangement.

It has been a practice by many employers to avoid the proper treatment of the drivers they use.

In the event that you are injured, it is doubtful that workmen's comp will be available to you since they are not complying with the law.

It would be in your interest to contact the IRS and run this by them.

If not, do you feel lucky?

 

Overtime pay is being paid?

Hardly a 1099 deal.

Employer and employee relation beyond all doubt.

 

It's really no different than if you were contacting a temp agency, you are their employee working where-ever they send you that day.

 

Got o your IRS office and ask them . I bet they will tell you what you want to know without any problems

 

I bet it won't be what he WANTS to hear though!