greg334
Veteran Expediter
KYoung,
It is a bit more complicated than that. The IRS has 20 points that they use to determine whether a contractor is indeed an employee. I think that you have to have 12 (maybe 11) out of the 20 to make that leap. With FedEx, the court has determined that indeed many were treated as employees and had to be hired and back wages paid, on the other hand (only speculation not bashing) Panther has handled some situations with contractors as they are employees; one I keep hearing was penalizing a contractor for refusing a run – BUT again not bashing Panther for you sensitive ones out there.
Contractors are not fired, their contracts are terminated.
You mentioned in service time, acceptance time and other factors which is contractual and legal. It is fact that you must provide a service within certain parameters of the company’s operation and your sole purpose to exist for that company is to be a means to produce revenue.
I would say Express-1’s health insurance offerings may be more of a violation of these IRS rules than Panther demanding you to take a run because by providing employee benefits, there is a blur of the line between the contractor and an employee. But again they have to have 12 (maybe 11) points covered to be an employee.
I am not a lawyer but I had to deal with a lot, I mean a lot of contractor issues. I have had to deal with the DoL and the IRS on these issues.
Home time is a benefit of your contract and if you read it, they can offer it but not fulfill it if you want to use it.
It is a bit more complicated than that. The IRS has 20 points that they use to determine whether a contractor is indeed an employee. I think that you have to have 12 (maybe 11) out of the 20 to make that leap. With FedEx, the court has determined that indeed many were treated as employees and had to be hired and back wages paid, on the other hand (only speculation not bashing) Panther has handled some situations with contractors as they are employees; one I keep hearing was penalizing a contractor for refusing a run – BUT again not bashing Panther for you sensitive ones out there.
Contractors are not fired, their contracts are terminated.
You mentioned in service time, acceptance time and other factors which is contractual and legal. It is fact that you must provide a service within certain parameters of the company’s operation and your sole purpose to exist for that company is to be a means to produce revenue.
I would say Express-1’s health insurance offerings may be more of a violation of these IRS rules than Panther demanding you to take a run because by providing employee benefits, there is a blur of the line between the contractor and an employee. But again they have to have 12 (maybe 11) points covered to be an employee.
I am not a lawyer but I had to deal with a lot, I mean a lot of contractor issues. I have had to deal with the DoL and the IRS on these issues.
Home time is a benefit of your contract and if you read it, they can offer it but not fulfill it if you want to use it.