you must have the fuel receipts and maintenance records too. you have to show that you are the one paying for the fuel and everything to be legal. it would cost the owner of the truck more then the driver if you was to get caught. like everyone says it is like speeding down the highway. it is fine till you get caught.
Of course a business owner can decide who is an employee and how they will be paid. The IRS may have guidelines, but it is still the owner who makes the decision as to how he wants to compensate drivers. Based upon what you have stated, lease operators and some owner operators could be considered employee's. You throw around the term illegal around, but apparently have little idea what being illegal means. It is not illegal to pay or be paid on a 1099. None of you have shown that paying on a 1099 is in fact illegal.
Take a look at my user name. That is what's called a "clue." I actually do know more than a little bit about this stuff.
Employee vs. independent contractor status is not simply a choice to be made by the business owner. That you claim otherwise simply demonstrates that you have NO idea what you are talking about. None. Virtually everything that you have claimed with regard to this topic is incorrect.
I really hope that others that are following this thread have enough sense to ignore you, and to not follow any of your incorrect claims regarding employee vs. IC status.