Black Out On RATE CONFIRMATIONS

Might wanna start looking for another company.... Just sayin'..

 

Owner Operator or Independent Contractor aka Lease Operator. You are neither, you're an employee falsely classified as an independent contractor. That's what the IRS will determine for sure. What happens then I don't know but I'm sure the company will be in some trouble.

 

O/O is an Owner/Operator. I/C is an Independent Contractor. L/O would be a Lease Operator.

 

As owner of 23 trucks. I employed 25 drivers. I also had 6 owner operators that leased on with tractor only and one with tractor/trailer. I had direct accounts that broke down the rates between permits, fsc, linehaul, escorts, etc. I paid all company and O/O on percentage of line haul. The fsc was passed straight thru to contractors. If I had a broker load which was rare they usually came across at a flat rate. I broke off a fuel surcharge and took company driver pay from that, as such with the contractor I did the same and took my percentage from the line haul and passed on to them the remainder. That is above board. As a member of the IMTA I was chastised by the other members for doing that as I was giving away money. Now there are 1/2 dozen or so doing it. It's what is right and fair. Now as for you seeing either the rate confirmation or the billing documents. If you are paid by percentage then you do indeed have the right to request examination of those documents. They should be readily identifiable by load number or however you receive the information. I had a few guys want to see the information but it eventually waned. I did begin putting a direct copy of the freight bill for very load in with the company drivers pay statement. I have always done that with a contractor. I have never had a quarrel with anyone over not getting their correct pay. I also never make them wait for their pay until a freight bill is cured. If you are having issues with a company that holds your pay or balks at showing you freight bills if you are paid by percentage then leave them immediately. You do have avenues to pursue to remedy a cure (OOIDA has a legal team and will give legal advice as to laws but won't represent you) but it will cost you up front to gain legal representation. I will admit as a small company, I hate these fly by night outfits that screw over drivers and would like them all to go out of business. Just too bad they screw over a driver doing it. That is how small companies get a bad name.

 

The IRS will find the company mis-classified you as a contractor. The company will have to pay their share of employment taxes, for sure, plus whatever penalties.

Does anyone know who pays the employee share in cases like this?