Benifits For Your Drivers?

Im trying and ONE DAY your Family may thank the guys that do this with me!

Lets just hope you are able to keep your " EMPLOYEE " Status with your current "EMPLOYER".

 

So are you telling me that he offeres you more than one load and you decide to choose one of these loads. Are you saying that from that point on, YOU decide when you will pick up the load and when YOU will deliver the load? Not on my watch you wouldn't!

Let's turn it around. I am a manufacturing company and I call XYZ company to order my thingamajig. I ask when can it be delivered? I need it by Friday. If XYZ company says, "well, I can't commit to when you will receive it because the contractor we use for deliveries decides for himself when he will get it done." Me: CLICK! I'm calling ABC Company.

It sounds like you want your cake and want to eat it too! Union mentality.....UGH! Get your own authority, find your own loads, do your own thing and then there is no question whatsoever as to whether you are a contractor or employee.

 

It's funny how most of you are claiming to know the law. In fact, if you knew the law, you'd know it's up to a judge to "interpret" the law and pass judgment.

The law, lawyers, contracts, contractors, employees, etc... are all dependent on the wording of the legal document used to bind an agreement. Sure, the IRS website can be copypasta'd into this site, but that doesn't mean I cannot create a bidding contract to legally 1099 a driver.

Some of you should leave interpretation of the law to the professionals because no matter how you see it, it's only your opinion. And, that isn't worth squat in a court of law.

...my $0.02.

 

Well, if you read the information supplied by the links, you would know that it IS ILLEGAL to "1099" a driver under ALL circumstances, that driver is an EMPLOYEE and there is no getting around it.
It doesn't take a LAWYER to know that, nor does it take a JUDGE to make that determination. That determination has ALREADY been made.
But HEY, don't take MY word for it (I mean after all, I HAVE been to court against three companies during the past 5 years who "claimed" I was a "contractor", and every single time I was adjudicated as an EMPLOYEE) call or visit your local IRS office and "ask them" if you can "1099" a "driver" (who doesn't own the equipment and has no expectation of profit/loss from the business).

 

NOPE I didn't say that at all, but at the point you accept a load, you are no longer in control of the "Carrier", but work at the whim and direction of the shipper/broker/receiver. All I am saying is: IF YOUR CARRIER DOES NOT OFFER YOU A CHOICE OF LOADS BUT ONLY GIVES YOU ONE OPTION: HAUL LOAD #B OR DON'T, THEN YOU MIGHT BE CONSIDERED AN EMPLOYEE RATHER THAN A CONTRACTOR. THAT IS SPELLED OUT IN THE IRS REGULATIONS AND I ALSO SUPPLIED PLENTY OF INFORMATION TO CHECK IT OUT FOR YOURSELF, TO SEE IF IT APPLIES TO YOUR PARTICULAR SITUATION. THERE WAS EVEN A PHONE NUMBER FOR THE IRS IN THE STUFF I POSTED WHERE YOU COULD CALL THE IRS IF YOU HAD QUESTIONS.

Sorry, I guess you haven't been around these forums long enough to read all of my posts. I can't remember EVER posting the praises of ANY union, in fact; I have stated in more than one place that I DESPISE unions and I have ALSO posted that I believe unions are one cause of the auto industry decline.
Please RE-READ all of my posts in this thread and TELL me where I have stated that anything OTHER THAN a "carrier NOT offering a contractor a CHOICE of multiple loads MIGHT make that contractor an EMPLOYEE, rather than a "CONTRACTOR".

 

In YOUR case your "contractor" would be a CONTRACTOR, so I have no idea why there seems to be a disagreement on minutiae between you and I.
And you are CORRECT, you CANNOT "1099" a "driver". That was what started this whole thread.

 

This is an extremely simplified example.

ABC Company leases a truck to Joe Driver for $500.00 per month. Joe Driver retains ABC Company's dispatch/AR/sales services for $250.00 per month. Does ABC Company consider this driver as an employee or contractor?

 

I don't worry about my "employee" status. I work for a SPECIALIZED Carrier that hauls a product EVERYONE uses EVERY DAY. With my safety record, it is unlikely I will be out of work for a LONG time.

 

You are missing the most important part of the equation.
Does ABC offer a choice of more than one load (2 or more) to Joe?

If they have 2 or more loads to choose from then he is a CONTRACTOR w/ 1099.

If ABC only offers only one load and will not allow him to obtain another load from broker XYZ (AKA-- Forced Dispatch). Then Joe is an employee-- w/2.

Why is this so hard to understand?

 

MAYBE or MAYBE NOT. As I have ALSO stated: contact the IRS for information if you have questions.