mercer transportation

what part of "exclusive control" is hard to understand? Most companies that lease O/O also dispatch them. Are you new to this industry?

this is like contracting a home builder, he doesn't have to build the house you want, he could build anything he wants to. There is always some degree of direction when any contractor is hired. Yes some (many?) companies use dispatch as punishment, that doesn't make it right morally or ethically but it is also not illegal. The legal aspect of a lease is not for the owner to have a job, it is for the carrier to have and control a truck. If they decide to not dispatch it then that is often a plus for the owner/driver. The majority of carriers do dispatch the trucks, do some research.

 

What part of FORCED DISPATCH do you not understand???...companies may dispatch trucks but they can’t FORCE an independent contractor to take any load period!...

 

You've already posted the applicable laws. No amount of facts are going to change his mind.

 

And the irs says different......

But Mercer isn’t forced dispatch so it really doesn’t matter....


Personally I think the California prop 5 or whatever it was is a great idea....

No more leasing get your own numbers or drive for someone who does.....

 

How exactly does the IRS say different? Quote applicable regulation.

 

Bottom paragraph......

Independent Contractor Defined | Internal Revenue Service

P.S. I’m done.....

 

IRS says in order to be considered a contractor that you cannot be told how or where you have to go, if they force dispatch you you become an employee.

 

The Christmas UPS runs are on a very fine line between contractor and employee.

 

This CFR has absolutely nothing to do with whether or not one is considered a employee or not.

 

I really liked it better before it was edited.