It’s a nationwide issue. Truck drivers across America are not getting a fair wage because their companies are claiming the drivers are independent contractors and not employees. This illegal act has been going on for years, hurting the truck driver’s livelihood. Now is the time to stop the practice once and for all.
At Fellerman & Ciarimboli, we are dedicated to helping individuals get the compensation they deserve from big interests. We know the trucking industry, and we know how these companies act. We are prepared to help you with your case and get you the wages that you deserve.
Employee vs. Contractor: What’s the Difference?
It’s not uncommon for a truck driver to be misclassified by his/her employer as an independent contractor. In fact, the California Assembly recently passed a bill that if approved would become a law that makes it nearly impossible for independent contractors to be classified as anything other than employees. Since 2011, California port truckers have filed hundreds of claims alleging the companies have been misclassifying them. These claims have resulted in more than $48 million.
Why do employers misclassify truckers? Because it benefits the employers. If an employer names a trucker as an employee, that employer will need to pay federal and state taxes, offer benefits, provide insurance for unemployment and workers’ compensation, and will have to comply with many state and federal regulations that govern working conditions, wages, and the number of hours an employee can work.
But naming a truck driver as an independent contractor, the burden of taxes and regulations are lifted from the employer. Instead, it is the responsibility of the driver to pay his own Social Security taxes as well as FICA. The employer does not have to provide benefits or insurance for the driver. The employer can also avoid paying overtime or reimbursing the driver for any business expenses.
Do You Know If You’re an Employee or an Independent Contractor?
The line between an employee and an independent contractor is often confusing. Does any of the following circumstances meet your situation?