o/o not getting paid

Do you not understand that the lease contract does not cover the driver? It gives the lessor control of the equipment, only. If it was what you are stating then Roger Penske would be an employee of every body and business he leases his truck too.

My lease states that my truck must be operated by a LS "Qualified" driver. It does not state who must drive it, whether it be myself or someone I hire or if they hire a driver for it.

 

Pray tell, which of these 20 questions states that I am not an independent contractor? Not a single one.

 

Have it your way...since you and the other two seem to know everything about the IRS statutes, and FMCSA, it is very typical...and you know it...personally don't really give a hoot what your perception of reality is...take the advice or leave it...it's up to you....I'm out!

 

Know everything, no, nada. But some of us do read what pertains to us, so we can understand things and stay out of trouble. And if we don't understand, we call the appropriate people or agency to find out. Want the phone numbers for the IRS or FMCSA? I have them in my phonebook. They aren't secret. It's amazing the information one can aquire from the people that write and enforce the rules and regulations.

 

Keep in mind all brokers must have a bond in place...granted it is only $10,000 but if you are not paid go after it and give an attorney a percentage. Yes, it sucks to give up a percentage but it is the reason they went to 7 years of college is to be able to effectively navigate that world. A majority of brokers that I deal with take there full 28-30 days to pay which is in there contract - it sucks however I do not believe the freight business provides enough margin to give up 3-5% to a factoring company so I grin and bear it and wait. When someone pushes then push back harder!

 

According to OOIDA/FLSA you should file claim ASAP if you haven't recieved payment by the due date set/agreed on.

 

You said EX-employer? Carriers have 45 days to send a FINAL settlement minus any deductions.

 

most companies say technically no guarantee miles or money for lease ops but common law says what they told u before lease and website ads are
the non misleading standard that also applies regarding pay expectations