Information about outdoor equipment and tips for getting the most capability out of a vehicle are also available. Since delivery drivers, for the most part, have to operate within the limits of company policies, time constraints, and usually only work for one company they should not be classified as independent contractors. Lawsuits and Legal Matters Trucking carriers that are incorrectly classifying truck drivers as independent contractors, when in fact they are employees, may not be aware of the issue. Because we dont care and we are blind to see how the deceptions are eeking up in every industry. If this happens, and a company incorrectly relies on independent contractor classification either to avoid applicable large employer status under the Affordable Care Act or to avoid offering full-time employees and applicable dependents company-sponsored group health coverage, the company could find itself subject to significant employer mandate penalties.
No one held a gun to their head to lease on to the carrier, or lease a tractor from them. Current legislation at the federal level, known as the , offered by Rep. The Superior Court of Los Angeles County decision, the state Supreme Court ruled that certain workers, in particular transportation drivers, should be presumed employees instead of independent contractors when evaluating wage and hour classification in class action cases. Are Independent Contractors the Same as Company Drivers? Eventually you will be taken just like every other sucker. However, Swift filed a petition to have the case transferred to the U.
In the trucking industry there are also certain general leasing and written lease requirements that have to be met. The first penalty applies if a company fails to offer the minimum required medical coverage to at least 95% 70% for 2015 only of its full-time employees, and as a result of that failure, at least one employee not offered coverage purchases health insurance through a state exchange and receives a premium tax credit or a cost sharing subsidy from the exchange. They are exempt from state workers compensation. In Research, readers will find vehicle reviews, model specifications and other information that is helpful for making a vehicle purchase. If the answer to only a few of these factors points to an independent contractor relationship, the worker can still be an employee. You are a driver for a trucking company, and you are leasing your rig through your employer. But recent research by the group found that regulators decided against trucking companies in more than 300 wage claims issued in the past three years.
If you or a loved one has been in a truck accident you can. The Duration of the Services Performed Another factor in the independent contractor vs. You arent forced into anything but if you dont indulge you probably wont live very long. In decisions against the California Trucking Association and the giant Swift Transportation carrier, two federal judges ruled that truckers should be categorized as employees unless their working conditions meet specific requirements that qualify them as independent contractors. You wont be forced but you will eventually fall victim.
As I said above, many state laws make it almost impossible to hire a delivery or truck driver as an independent contractor without breaking labor laws. Example of Facts Tending to Show an Employment Relationship: Driver is paid by the hour. They invest in tools, equipment and facilities; and they take care of their own taxes. The problem is the wage credits at the Social Security Administration which still have to be given to the worker and in this situation is defined as the full 1099 amount. Company provides maintenance services for the truck.
The issue of whether the truck driver who you were involved in an accident with is an employee or an independent contractor of a trucking company is quite important for determining whether you have the right to sue, and potentially recover damages only from the truck driver himself or also from the trucking company. In late October, an arbitrator ruled that lease operators for Central Refrigerated are employees as a matter of law and not independent contractors. Since the work of the drivers is integral to the trucking business, there is clearly an employer-employee relationship. Independent Contractor or Employee Test — Factors Used to Determine Whether an Owner-Operator is an Independent Contractor or Employee Below are the factors that must be used by a court or Labor Commissioner to figure out whether an owner-operator is an employee or a true independent contractor. You are stuck with the company truck that you may not even be able to sell legally. It depends mostly on the level of control.
If you are considered an independent contractor and have purchased your own equipment, then you deserve the rights and freedoms that come with this classification. But because we dont give a damn anymore we let companies like this fester and grow and rot our society. Tony Moses operated Slim Shady express, federally regulated interstate motor carrier, as a sole proprietorship. The amnesty deal, which ended on Dec. The unions and federal regulators have made no secret of the fact that they are suspicious of such arrangements.
Sure you arent forced to eat the stuff. However, if you are driving for a particular carrier and leasing your tractor-trailer through them, you are considered a self-employed truck driver when it comes tax time. In the landmark Dynamex Operations West Inc. Consider the sad story of Bob Jones. Example of Facts Tending to Show an Independent Contractor Relationship: Book printing company uses driver to take printed books to a distribution point.
We maintain a strict separation between news content and advertising. You also have to pay self-employment tax on top of your regular income tax. Here are some of the criteria used by the California Labor Commissioner to assess whether a truck driver has been misclassified as an independent contractor. Under federal tax regulations, truck drivers as with other workers generally should be treated as employees if the company has the right to control and direct the drivers not just as to the result to be accomplished by the drivers, but also as to the details and means by which that result is accomplished. Because we just dont give a damn anymore. This includes coverage of new products, auto and trucking shows, regulation, technology, and automation.