Simple contract from owner to driver

I believe an employee falls under state, federal and FMCSA labor laws that trump an indvidual contract. Untill you become a contract driver, and that is an IRS problem waiting to happen.

 

Forgive me for being apprehensive BUT from previous experiences I have learned that any comapny that makes you sign a contract is not worth driving for. For example: if you fail to call in every morning by 10 sharp they'll take $100 from your pay. If you catch a flate tire $500 comes from your pay. If you're late for an appointment they fine you $200 etc. Believe it or not there are trucking companies that operate this way.

 

I have seen drivers "get a flat". So they can talk to there favorite waitress longer.

 

I believe it but that does not mean all drivers should be financially responsible for truck operating costs because of the few jack offs out there.

 

I think that state, federal and FMCSA labor law or code, trump any contract between employee and employer, in respect of law, except non compete clauses in some proffesions.

 

Don't you know we don't have labor laws or labor rights. we have HOS and dot regs. When I had drivers they all had to do a contract with me. And yes I did have them liably for late loads as I was on a time load for air freight. They had a 2 hour window to let me know they where not making it into work that day and that was after their pull time. We also took photos together of the truck in detail and signed that the trucks condition was in like new condition and other than normal wear and tear they where responsibly for any damages to the truck IE holes in dash for extras torn up seats carpet or plain out trashed truck. only one time did I have to use it against a driver and he trashed my truck and even his last two weeks pay did not cover the repairs..So yea I would recommend a contract with any driver....cause there are not many drivers left just wheel holders

 

Seems that you provided nothing.

Wear and tear on a vehicle and you wanted the driver to pay you.

Traffic delays and 2 hour late. I guess they should have been able to CHARGE you for delays on loading as well.

I have dealt with types like you.

I never let them know that pictures were taken before and after by me and they tried that same crap on billing me and lost.

 

I have and have drivers and I am aware of the rights of the employee and employer. A contract as you outlined are an unacceptable use of labor in the contruction, industrial and TRUCKING industry.

 

If you're the employer, calling the shots, etc I don't sign contracts . . . just that simple.

 

Not really true. the government can't nullify a contract between two parties for employment. The contract for a person to do a specific job, even as an employee, like the case of an agreement of below minimal wage is allowed. I worked under an employment contract, they could not fire me unless they had just cause and my wages were dictated by that contract, below market rates for the first six months and then above after that. The government couldn't come in and say "he has to make time and a half or else", it wasn't legal for them to do this even if I filed a complaint with the EEOC/DoL.

The problem isn't with the state or federal laws, the problem with this industry and a lack of a good contract is with the litigation when something goes wrong - like mis-communications on an issue. The contract is there to protect both parties, not just one or another.

The FLRA is the governing law that we work under, the FMCSA regulations have little to do with how we are defined as workers.