Gross Pay after fuel costs

Yeah she is.

Here is what I do.

60/40% split, I pay for fuel so I get the bigger part of the split. I pay for everything else - from the truck payment (if there is one) to the plates. My driver gets any labor fees, detent and so on. The driver pays for WC insurance - I changed this recently because I am paying for other things in the truck that the drivers were paying for and it was their idea.

This is the norm.

She is a cheap owner.

By the way, next time get a contract if you do the 1099 thing.

 

Don't know where you are but there are states that require 1099 to have workmen's comp. I currently live in OH and that is definitely the case. As for not having to have health insurance you are correct, you can just pay the fine at tax time if you like, but not having coverage is just idiotic. Of course, if you are covered by another source that's not an issue.

 

Ques: may i refuse to work? (work the Load, take my Vacation time, dislike my destination or find another Carrier to lease.) If, im not allowed to say no to each of these ques. then, im employee.

 

1099 workers are independent contractors only employers of employees have to have workers comp.
An owner or partner isn't considered an employee, consult the IRS site for that info.
Here's a compilation of the various states
http://www.nfib.com/content/legal-c...nsation-laws-state-by-state-comparison-57181/
You're wrong about the health isurance deal on paying as well. First if you're a sole proprietior/ onwer you should get your adgusted gross income down to where you won't have to worrry about and file for the exemption for one of various reasons and you won't be charged the penalty. I have gotten an exemption for the last two years.
Or if you read the law there is no means to collet the penalty other than through your refunds if you don't get a refund they NEVER get theirs. They can send you lette but there is no means for enforcement of the penalty.
People have a fear of the goverenment and will go along with any thing usually consisting of giving up their money when there is no need to.
Let me give you an example here . I was written a ticket for window tint back a few years ago in IN.
The old nag there at the scales was telling me how I could pay and all, I looked at her and told her you have this all wrong here I'm going win and you're goning to loose in court.
As soon as I asked here in court : How did you get a vehicle citation out of driver only inspection ? things went south for them. Plus I filed motion to have her arrested for filing false reports.
That was delayed for over a year till they dimissed it and clear my CSA inspections of it.
Just cause they tell you it's so doesn't mean it is.

 

This isn't always the case. I could give you a couple of examples but it'd be wasted typing.
Everyone wants to be a contractor when it comes to getting paid, but an employee when it comes time to pay.
I find most guys want to be 1099 workers till it comes tax time then they get amnesia on what the working arrangement was in the beginning and look for ways out.

 

Worker comp no matter what you are can be a stipulation of the work you do. I insist on it for every driver to lessen their burden, nothing more.

As a 1099, yes you can refuse work, it is part of the system in our industry. BUT that has to be a clear understanding what your responsibilities are and how they apply to that work. If an owner tells you what loads to take, you are an employee, if they allow you the freedom to choose those loads as you see fit within reason, then you can be a contractor.

 

The point you make is correct since you're the one hiring a contractor you can stipulate the terms as you need them. But as another want to put forth that the state laws required it, which they don't.
The biggest two problems with working under 1099 is
1 The parties don't have a clear understand of the contract terms they enter into (written or oral) written is best.
2 Everyone likes the part where they get "full" pay with no taxes, but through poor planning are unprepared
for the bill on April 15th. Then they cry they were done wrong and it's their own fault.