Benifits For Your Drivers?

Discussion in 'Ask An Owner Operator' started by XiZBiT, Dec 14, 2007.

  1. AgainstAllOdds

    AgainstAllOdds Bobtail Member

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    Mar 6, 2008
    Jacksonville , FL
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    Really ?
    Well , i am an O/O and leasing with a company and everytime i have a delivery , i got an appointment time to meet!!! Cannot be late or the load/pick up will be refused.( or i am gonna have to wait for hours )
    Now , i have my own truck ( pay for fuel , repairs , taxes..etc etc ) but i still have to meet the deadlines. How do you call this ? Am i an EMPLOYEE ?
     
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  3. TX_Proud

    TX_Proud Light Load Member

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    Jan 2, 2007
    Houston, TX
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    Once you accept the load, you have to meet the conditions of the load. The point is you are not under forced dispatch; you can choose to accept the load or not. Under ideal conditions, you would be offered a number of loads to choose from.
     
  4. SnOoP

    SnOoP Bobtail Member

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    Jan 2, 2008
    Detroit
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    It dont sound like "Mike" is breaking any IRS guide lines. Did he tell you what time your husband had to be at the truck, what time he had to leave etc? As the other guy said you have what are called appointment times that you as the 1099 driver have to meet like any project has deadlines that have to be made but as long as this guy is not telling you where and when you leave your husband is in control of getting to his destinations at his own cognessents.

    If "Mike" did not tell your husband what time to leave, what time to leave the yard or tell your husband which roads to take where to fuel or what time to take breaks etc so far he is not doing anything wrong.

    Also as another point was mentioned, your husband was billed for the tires, so this now shows he was responable for maintenance as this was brought up in an earlier post.

    I am a small fleet owner with around 8 trucks and we have been 1099 our drivers for the last 10 years and we also have contracts that stipulate that they are a sole propitior etc and have never had any issue with the IRS as we are not doing anything wrong as we meet thier guidelines.

    As for the pay situation, there are two sides to every story, and if your husband caused damage that could have been avoided, by all means this would certianly be a legit claim to deduct pay to cover the costs. We have been in this situation a time or two, it does not make a driver unhappy, but next time they will take the steps to prevent future issus if possible.

    Another thing in the defense of this guy seeing that most of you are attacking him, is that it is very common for a O/O to 1099 their driver/subcontractor. I have not met an O/O thats running them as an employee, larger compines employe thier driver for many reasons, not becuse its thought to be against the IRS guidelines. The ability to provide beifits, workers comp, retirement direct deposite etc.
     
  5. Pur48Ted

    Pur48Ted Road Train Member

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    In some cases YES. Especially IF the company you are leased to DOESN'T give you a choice to pick between loads. If THEY DIRECT you which load to take, according to the IRS, you still may be considered an employee.
     
  6. Pur48Ted

    Pur48Ted Road Train Member

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    You live in Michigan?? That is ILLEGAL, violates Michigan Labor Laws. File a complaint as soon as possible. It can all be done online here:
    http://michigan.gov/dleg/0,1607,7-154-27673-107123--,00.html
     
  7. Pur48Ted

    Pur48Ted Road Train Member

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    If YOU own the trucks, you CANNOT "1099" a driver. It is ILLEGAL.

     
  8. Brickman

    Brickman Trucker Forum STAFF Staff Member

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    One of the first tests of the IRS guidelines on whether or not a person is an employee or 1099 is who owns the equipment. Your "1099 contract" will not mean squat in an audit.
    Snoop if you own the trucks, (sounds like you do) and your employees are not buying the truck from you then they are employees and its only a matter of time until you get busted by the IRS.

    I hope your employees have all kept 10 yrs of tax records because you'll need them to prove tax has been paid. If not the tax bill the IRS hits ya with will most likely put you out of business.


    I would highly highly recommend that you find a good attorney and CPA monday morning and find out for yourself.
     
  9. TX_Proud

    TX_Proud Light Load Member

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    Jan 2, 2007
    Houston, TX
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    YIKES! I wouldn't want to be in Scoop's position! Brickman is correct, if you provide the equipment and/or tools for someone to do a job, they are an employee. Having someone sign a piece of paper stating otherwise is meaningless.
     
  10. AgainstAllOdds

    AgainstAllOdds Bobtail Member

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    Mar 6, 2008
    Jacksonville , FL
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    A choice ? We're trying to work here in this time of year and we don't have the luxury to choose...
    Either you take that load or he doesn't have anything else...
    What you're gonna do ? Stay home ? That doesn't pay your bills.
    I have a blown up tire in my truck , my company won't give a rat #$$ about it because that is my truck and i am responsibile for it. I have a blown up in the trailer , i don't give a rat ##### because that is not my equipment.
    And how am i an employee ? I provide my own tools to get the job done , i take care of my own tools to repair them and still i have to meet the requirement of the delivery/pick up
     
  11. rookietrucker

    rookietrucker Trucker Forum STAFF Staff Member

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    I must say, this is a very good and interesting thread. So, If I understand this correctly. You go to one of these trucking companies out here. (Pick one, I don't care). Lease a truck from them and they 1099 you.
    From what I read and got out of this thread. The only thing that stands between being as a contract driver and a company driver. Is the person has the choice of loads or no forced dispatch?
    What about the rest of rules they govern on you as a contract driver? (i don't mean gov regulations either) Don't any of the rules they imply or stress on you, could be considered as a employee?
    The only reason I'm asking is because. I did a lease for a few months. It sure seemed like I was a company driver/employee. Supposedly there was no force dispatch. But if you didn't accept that load, you would be put on the bottom of the board. Mixed in the with the company drivers. So what really separates a contract driver from a company driver?
     
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