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employee vrs. independent contractor

Discussion in 'Trucking Jobs' started by chief, Mar 31, 2009.

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  1. Mar 31, 2009 #1
    chief

    chief Heavy Load Member

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    can a trucking company classify a non owner/operator as an independent contractor? if you work for a company, driving THEIR truck, pulling THEIR trailer, hauling loads THEY send you, are you not an employee?

    I have a company (small, very small) interested in hiring me. but they want to do the 1099 thing. nothing for tarping, no insurance, no vacation or holiday pay. and they're offering me a whopping 30 cents/mile. (I was at 39/38 per mile, loaded/empty, 2 years ago.)

    isn't this just a scam/loophole (similiar to the lease option "deals" by the monster mega carriers) that companies use to evade tax on employees? (SS match, unemployment insurance, workerman's comp.)

    by the way, this isn't the FIRST company I've considered working for that tried to pull this stuff. should I negotiate with them for a reasonable mileage rate and employee status, or heed all the red flags and keep looking.
     
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  3. Mar 31, 2009 #2
    Zaroc

    Zaroc Light Load Member

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    If the IRS catches him his balls are going to be set on fire, I am speaking from experience at a past "job" I worked at for a year. You could get some of it on you if things go bad. If you can I would avoid it.
     
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  4. Mar 31, 2009 #3
    RickG

    RickG Road Train Member

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    RickG, Mar 31, 2009
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  5. Mar 31, 2009 #4
    chief

    chief Heavy Load Member

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    I've read that before. but no, it doesn't really help. those guidlines are about as specific as all the other laws that are concocted by our rulers. but if they're only going to pay me 75% of what I was making 2 years ago, I imagine I'll have to pass.
     
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  7. Mar 31, 2009 #5
    Owner's Operator

    Owner's Operator Medium Load Member

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    Here is a theoretical question: What if you drive for an O/O leased to a company? You technically are not an employee.

    To the original poster, the problem I see is not so much with the 1099s but with the pay, $0.30 a mile? Unless you are a newb that is a complete slap in the face driver.
     
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  8. Mar 31, 2009 #6
    Bigray

    Bigray Road Train Member

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    thirty cents is a slap for a exp. driver if his dmv si good, imo.

    but another consideration is the added wages he will have to pay for being self employed, thaet equates to around .255 p/m not to mention no extra's/free labor.

    is this what driving is coming too ?
     
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  9. Mar 31, 2009 #7
    bfork1

    bfork1 Light Load Member

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    "is a theoretical question: What if you drive for an O/O leased to a company? You technically are not an employee"

    He would be an employee of the O/O
     
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  10. Apr 1, 2009 #8
    RickG

    RickG Road Train Member

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    There are many expedite drivers working for fleet owners leased to carriers . These drivers are independent contractors because they pay for the fuel and have the right to refuse loads and decide when they will take time off . They have complete control of the truck .
     
    RickG, Apr 1, 2009
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  11. Apr 1, 2009 #9
    TruckrsWife

    TruckrsWife Significant Otter

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    Does having complete control of the truck include only hauling their freight? That is a very gray area as far as being considered a true independent contractor, wouldn't you say? If all you can haul is their freight,that changes the IRS description of what constitutes an IC, doesn't it?
     
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  12. Apr 1, 2009 #10
    RickG

    RickG Road Train Member

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    They have always had backhauls through brokers . With expedite freight slowing there is more brokered freight . O/O's leased to carriers only haul "their" freight . They have to use the carrier's insurance and authority . No O/O's are considered employees with the exception of FedEx Ground package delivery O/O's that won lawsuits to be classified as employees . (and then saw FedEx eliminate single route contracts which allowed the employee status )
     
    RickG, Apr 1, 2009
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