Independent driver and 1099 contractor question

Don't get into an accident?

 

So it is confusing, this Amish guy is your employer, he has a choice, not to hire workers (which they do) or not to. There is no options for him, doesn't matter what he is.

You can't be an independent operator unless you are contracted to do the work and then he is limited to telling you how to do the work. He has to abide by the contract in that case but in all honesty he is your employer.

On top of that he is responsible for the drug tests if you are in an accident, you work for him.

 

Like all the cops say.. Ignorance of the law is no excuse.
If he is willing to run a business he needs to be willing to read and follow the laws governing said business.
Try and convince him to start following the laws, first by paying taxes correctly and then folling dot. If he refuses you need to get a job that is not trying to put you in jail.

 

I'd suggest you contact your state dept. of Revenue and ask them, hypothetically, what a guys status is if the above exists. Seems to me that you would be required to pay your own Social Securty taxes, FICA, and all that stuff. It will catch up to you later when you file your income taxes if you ignore things. You may also need your own authority or business licensing to operate legally.

There is a well-known dodge that some smart employers use by hiring someone under a 1099 so they can avoid paying employment taxes. Your Amish guy might not be as dumb as you might think. As far as insurance goes---I'd clarify immediately if you are under his policy or yours, and what your liability limits are or need to be.

Good luck!

 

Amish that I know are smarter than I am when it comes to business, and rich.

 

here is a good advice. If you are 1099 then your employer ( I am the same way, work for guy that owns truck but 1099 me ) can not tell you what to do. They can not tell when where how to pick up a load. What route to take when to deliver... If they do they are breaking fed and state laws.
Some people just do not realize they are breaking the law by doing it. Some do it because you do not know it is illegal.
The best advice is to never say anything. If you are happy being 1099 i.e. paying much higher taxes and not having unemployment or work comp, then say nothing.
If your employer ever does something that really irritates you or IRS decides to audit you then you have a very big advantage. As a legal standpoint , keeping your mouth shut is a payoff. your "employer" will get fined real big and also have to pay you a big amount to compensate you for the lack of insurance protections and all the other stuff including overtime if applicable.

So if your happy do not say anything. If you are not and he is not complying with the law then say something if you want or wait and get more pay when the crap hits the fan..

Might point out that my employer pays for work comp on me but does not have to. They also do not tell me what to do. Just a general guideline as to what they need done to make a living.

 

"If your employer ever does something that really irritates you or IRS decides to audit you then you have a very big advantage."

That's wrong, it all depends what the situation is and many times the IRS will not look at it as an employee/employer relationship, there is a lot that goes into it.

Another warning is that if you rock the boat and get fired, it isn't like a 1099 is a paycheck, they can hold money back or not pay you at all. 1099 is for piece work type employment but is subject to different laws.

 

Correct me if I'm wrong here, but it shouldn't matter if he's 1099. That's a red herring. What matters is who owns the DOT number. He who owns the DOT number is responsible for setting up the drug testing. Most smaller companies or owner ops join a consortium and set them up for pre-employment, random, incident/accident response and suspicion.

If he's having you guys haul commercial with no DOT, you got bigger problems than drug tests, my friend.

 

Ok so work with me I'm still in my first year. I started with a company in January and was 1099. What do you mean they can't tell you what to do etc etc?