1099?
Discussion in 'Trucker Legal Advice' started by New York Gal, Mar 21, 2010.
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My last company cut my pay as O/O to $0.82 per mile, with fuel costing almost $0.60 a mile. I have no unemployment, no health insurance and no retirement! Everything is for the company, not for a driver. Them CEO's and office still making the big bucks and the drivers pay for it. Wake up America! We do the work, we should get PAID! But there is always the driver that thinks any money is good, especially if you don't have a job. Companies should not be allowed to do this. Same thing with most companies lease options, they don't have the cost you do! But yet they don't pay enough for you to do it and after a year or two you give it up. Probably after going broke and they got all your money they can get. You give them the truck back and lose every penny you put in it. Then they find another sucker!
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To properly class a driver as an independent contractor,,
1.he must own or be leasing the truck
2.he must be able to choose his work freely
3.he must have a written and signed independent contractor agreement stating his percentages of earnings and all chargebacks,plates,insurance,etc
4.he must not be reqired to purchase any products or services from the carrier if he chooses not to
5.he must be allowed to set his own schedules in performing his tasks
there are about 10-15 more additions to this,,I know this as fact as I have leased trucks to drivers,and I used a truck specific independent contractor agreement. some agreements omit certain things,that bring the driver closer to being able to be classified as an employee,,MrTrans and scottied67 Thank this. -
my brother has driven for only one company (landstar) for years, but he owns his truck. does that make him a company employee?
there is no loophole, it's simply a misclassification by an unethical company. and every company that tries it probably thinks that they are the most clever company ever, and that no one else has ever thought to try to classify an employee as an independent contractor.
a "real estate investor" might get a property under contract and then "sell" the contract to another person, collecting a fee in the process. they want to refer to this as "flipping." the law looks at it as acting as a real estate agent without a license. (if you bring a buyer and seller together and make money off the transaction, well - that's what agents do.) bottom line is (when you end up in court,) the judge is going to look at what's going on, NOT what you're calling it. if it looks like an employee, smells like an employee, drives like an employee.....it's probably an employee, NOT an independent contractor.Tb0n3 Thanks this. -
Whenever an employee is paid on a 1099 form, he not only pays his own taxes plus the fact that he has no work coop or unemployment benefits if he finds himself unemployed, but and this is what is really serious. The employee is not protected if he is involved in an accident. He is looked upon as an independent contractor and assumes all risks when it comes to an accident. This is more serious than the tax issue.
Tb0n3 Thanks this. -
I just quit a job working on a 1099, we never discussed it and in three months I only recieved two payroll stubs that I didn't look at good. He deposited my money into a local bank for me on fridays. I agreed to drive the truck for 30 Cents a mile based on the miles the broker paid be it: Practical, PC Miler, ect....I had been out of driving for a while and this seemed better than retraining. Turns out I was not getting paid for the deadhead at all and assumed that was my taxes were being witheld because deadheads ranged from 185 to as much as 260 miles average was near 200 miles per trip.
It came out to less than 24 cents per mile I worked with deadhead included! I got a payroll stub last week and noticed the miles didn't match and had a conversation with the guy, I quit it got ugly, and I turned him into the IRS...will let you know what happens because I am living this right now. I would rather live in a cardboard box by nights and flop whoppers by days to make ends meet than ever work on another 1099, it's a ripoff! If you are truly an Independent contractor (own the truck) you get the rewards, if your a company you just get the shaft. -
Quit already. You have no obligation to work for $0.82 /mile. The company can do whatever they want. If you are dumb enough to stay, the joke is on you. If you let the Government to regulate this than eventually they will tell you how much you are allowed to make.
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Wow!! it must be true since you did it for a year, that must make it legal!!
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