Any company that has employed someone to carry out a task or tasks has basically made an agreement that the employed will be paid to complete the required task or tasks. The employee then has agreed to carry out the task or tasks in order to receive payment. This agreement can be verbal or written, but is legally binding.
It is then within the employers power to specify exactly how the work is to be done and require the employee to follow the instructions given, or it can be considered a breach of the initial agreement and the employment can be terminated at any time, providing that the person employed has not been asked to do something illegal, or unsafe by regulated standards.
Yes, the employer does have the right to dictate how a driver uses their logbook, as long as it does not interfere with the regulated standards required by FMCSA, or put the driver in harms way.
The driver also has the legal right to terminate employment at any time for any reason, though there may be civil penalties if it causes great loss to the employer due to a violation of the work agreement.
8/2 split, can a company ban using it for a LO?
Discussion in 'Questions From New Drivers' started by Southernsta3, Sep 27, 2018.
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Comes down to if the lease operator is an independent contractor, or an employee.
If the company dictates how the work is to be done (not what needs accomplished or the quality, but actually HOW it's done), it jeopardizes the independent contractor status of the lease operator.scottied67 Thanks this. -
Exactly right, they cannot dictate to an independent contractor where to get fuel, which route to take or how to log their time on their logs (so long as they stay compliant with HOS)
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If they telling you how to run your logs. Than your not a independent contractor. Your a company epmloyee and they need to pay accordingly and there share of the taxes.
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snowlauncher Thanks this. -
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Did you read your lease? What does it say about following company policy?
They’re not “dictating” how you run your business, if being a lease op is even a business, they’re stating their company policy. And I’m sure your lease can be terminated for not following their company policy. -
And to add when you park on ashoulder or ramp teck. You are in violation of the ritten law
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