AFFAIRE II: In a 2014 case involving the Drayage-Carrier Seattle Freight Service, a district judge ruled that 25 drivers who filed complaints of violations of state wages should effectively be considered independent contractors and not workers who earned wage protection under the Fair Labor Standards Act. The district judge used the following six-part test to arrive at the classification of contractors independent of the owner and operator:2 Misclassification becomes a problem in the event of load loss or accident. Is the independent contractor subject to the driver`s compensation policy? Are they entitled to general benefits for workers, such as paid leave, paid leave and short-term disability? When an independent owner and operator is treated as an employee, he or she can ask the driver to cover his or her losses and disability in court. States will also consider insurance coverage requirements. Independent contractors based in New York, New Jersey, North Carolina, Massachusetts, Colorado and Nevada must have their own compensation policy, but airlines are not required to do so. In these countries, leases should include a clause requiring the independent contractor of the owner and the operator to obtain the remuneration policy of his own employees. HUB International Transportation Insurance Services works with transportation companies to provide coverage and optimize their operations. HUB Transportation recently discovered during the verification of a standard lease: California requires independent contractors to sign a new lease every 90 days. HUB International Transportation combines national autonomy with local service to meet the needs of large fleets, small fleets, individual owners and convenience stores.
We have exceptional market access, educational resources and an in-depth bank of experts that focus exclusively on the heavyweight industry. Moseley offers to load the rentals. In this scenario, the agreement can be extended and extended, but also easily terminated. “You have a master contract that stays in effect with the rate of pay, but by definition, the independent contractor agrees to renew the contract every time he takes on a new charge. With a new charge, there is no paperwork – the driver simply accepts a new task. Another important aspect of establishing your proprietary operator contract is the protection of the independent contractor relationship. The use of an outdated or poorly developed independent contract can expose your business to huge debts, including drivers` class actions, payroll tax, wage claims, unemployment insurance rights and additional liability in the event of an accident. Trucking companies should regularly update their independent contract contracts to follow evolving laws, regulations and legal precedents.
Even if the lease is optimized, the independent owner-operator contractor can still be considered a crooked employee if the driver acts as an employer vis-à-vis the driver. Road transport companies often have both drivers and independent contractors, which creates confusion. Unfortunately, many car companies still use old, expired-language leasing contracts, in contradiction with current car carrier forms and auto liability guidelines. Outdated agreements could render the road transport agency`s coverage zero, or vice versa. To avoid conflicts, leases must be audited annually by a lawyer and updated every two years. AFFAIRE I: In 2014, logistics services provider Hub Group Trucking (not related to HUB International) voluntarily converted about 350 of its independent contractors into an employee in California, following several complaints of misclassification and union complaints filed with the National Labor Relations Board, with a transaction that resulted in