8/2 split, can a company ban using it for a LO?

Discussion in 'Questions From New Drivers' started by Southernsta3, Sep 27, 2018.

  1. snowlauncher

    snowlauncher Road Train Member

    1,059
    2,086
    Mar 28, 2014
    Southeastern ID
    0
    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.
     
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. Accidental Trucker

    Accidental Trucker Road Train Member

    2,885
    6,063
    Jun 4, 2015
    0
    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.
  4. scottied67

    scottied67 Road Train Member

    10,756
    12,338
    Mar 14, 2010
    california norte
    0
    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)
     
  5. Snakeschasingcars

    Snakeschasingcars Heavy Load Member

    743
    1,562
    Mar 22, 2018
    0
    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.
     
  6. tucker

    tucker Road Train Member

    12,648
    40,410
    Jun 13, 2008
    IN
    0
    But Landstar will terminate the lease of any of their owner ops if they park on the shoulder or a ramp for no reason...
    2F093159-0E9A-4E79-9082-9F663DDDFB3F.png
     
    snowlauncher Thanks this.
  7. snowlauncher

    snowlauncher Road Train Member

    1,059
    2,086
    Mar 28, 2014
    Southeastern ID
    0
    If this is true, then it's probably written in the fine print of the lease contract which most lessees don't bother reading prior to signing... Then they get on this forum and complain about how unfair the company they lease from is.
     
  8. Long FLD

    Long FLD Road Train Member

    7,194
    26,588
    Mar 4, 2015
    0
    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.
     
  9. shoe128

    shoe128 Bobtail Member

    45
    12
    Jun 30, 2018
    0
    And to add when you park on ashoulder or ramp teck. You are in violation of the ritten law
     
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  • Draft saved Draft deleted