Is my lease agreement the end all be all?

You have 2 choices. Follow the wishes of the company you are leased to and haul for, or go to another carrier, or choice number 3, get your own authority and run the loads you desire. Your talents are in demand and you can decide who you desire to haul freight for. Good luck and weigh all the facts before deciding on which direction you follow.

 

If it isn't in the lease then it is not required unless...
the lease refers to some document that contains those policies.

You could just happen to mention that the IRS and some states are getting pickier about defining employer employee/contractor relationships. You probably won't make any friends if you do this, but if push comes to shove you may feel you don't have a choice.

The other thing to keep in mind is either party can cancel the lease at any time. So, you should be prepared for that possibility.

 

Another thing to consider, you an independent business now. You are right, you are not an employee. Your relationship has changed, your former employer is now your customer.

If it is worthwhile to you to have that customers business, then be willing to do what the customer requires to secure that business ... If not, find another customer.

 

What mystic said is true most owners who lease to a company don't understand who there customer is its always the people who pay you.

 

Then there's the philosophy of the golden rule.
He who has the gold, makes the rules.
And generally with thirty days notice they can come out with a new contract that includes those items.
The contracts are written to protect their interests, they don't care about yours.

 

Wrong.

Federal regulations PROHIBIT making the purchase of any product or service from or through the carrier a condition of entering into the lease. In other words, they cannot require you to wear THEIR company uniform if they are going to require YOU to pay THEM for it.

As far as obeying the company handbook, the lease agreement is what you are obligated to follow. If it contains a clause binding you to the contents of the employee handbook, then the employee handbook matters. If there is no such clause, then there really isn't mmuch they can do about it. I went round and round with a previous carrier over that fact. They tried telling me I couldn't have my dog riding with me, and cited the employee handbook. I told them I'm not an employee, and my business relationship with them is defined by my contract, not their employee handbook. Both the safety director (over the phone) and a terminal manager (face to face) cited the page number in the employee handbook. I asked the terminal manager if he had a copy. He did. I asked if I could see it. He said I could not, because I am not an employee and therefore HE could get in trouble for showing me. I can't really be expected to abide by the contents of a document I 'm not even allowed to readd for myself, now, can I? That was the end of THAT issue...and yes, my dog stayed in the truck.

As for governing the truck, again, that is a lease agreement issue. If your contract states that your truck will be governed at a set point, then you agreed to do that when you signed on. If it ain't in the lease, it isn't a requirement. Their company handbook might state that company trucks are governed and that it is against company policy to tamper with the setting. It may even be company policy not to exceed a certain speed (whether or not your truck is governed), which again, if it is in your contract that you'll abide by a COMPANY speed limit or more vaguely, company policy (which may or may not be printed in their handbook), then just keep your foot out of it.

It all boils down to what your lease agreement specifically states. Most companies do give O/O's leased on to them more latitude to run their business because of what can happen (IRS penalties, lawsuits, etc...) if there isn't any difference between employees and contractors other than the name on the title.

Any time you put your foot down and say "YOU CAN'T DO THAT" you run the risk of having to find another gig. If you've got a truck note, that could be a scary thing to consider...especially in a daycab. Trust me, I know...it's what I've got, too. Jobs are out there, though. Might be helpful to do a little door knocking to see what else is there before you take a stand...or bend over and grab your ankles. If they know you're willing to do the latter, they are plenty willing to dish it out.

 

As a company driver have ever singn