Who is your employer ?

[Crazynuff]

This question ,presented by an FMCSA official (who is a member of a forum that doesn't allow their threads to be posted on other forums) led to some interesting views . The question was directed to drivers working for an O/O leased to a carrier . My thoughts went to drivers for fleet owners . Well , you get a 1099 so you are self employed , right ? What about if you apply for another driving job ? The FMCSA official says you must list the carrier as the employer as they are the ones with the driver's file . But expedite carriers don't employ drivers so how would they respond to a background request from a potential employer ?

 

[ATeam]

Link to the discussion?

There does not seem to be much of an issue here, only the need to understand that "employer" is being used in a special sense in this case. For the purposes of identifying the entity that maintains the driver file, the carrier is known as the employer. That use of the word does not change the contractor/carrier relationship.

 

[greg334]

This question ,presented by an FMCSA official (who is a member of a forum that doesn't allow their threads to be posted on other forums) led to some interesting views .

OK would be interesting to see which site.

Well , you get a 1099 so you are self employed , right ?

I think there are two different issues, one being a tax/labor issue and the other being a carrier/operator issue.

What about if you apply for another driving job ? The FMCSA official says you must list the carrier as the employer as they are the ones with the driver's file .

Well the Carrier is responsible for their recorded keeping, nothing beyond that. The FMCSA is only concern with the carrier and the record keeping of the carrier and recognizes that operators do in fact move around.

But expedite carriers don't employ drivers so how would they respond to a background request from a potential employer ?

Many types of companies don't employ people but they are listed as employees, in the Pharma company I worked for there were contractors who were trained and certified by the EPA and the company had to keep employment records on them and the contractor when applying for another like position had to put down the company as their employer - EPA rules.

The carrier has an obligation to treat the records as part of the requirements to hold the authority to operate, so they must follow the policies of the FMCSA and maintain them and release them upon request.

 

[terryandrene]

I've been an independent contractor leased to a carrier so I have not had an employer for many years. The answer for me would be I'm self employed.

Drivers who drive for and independent contractor leased to a driver should be treated like employees because they generally have no financial investment, at risk of loss, in the owner's business. Most drivers in this category are paid on an independent contractor basis and issued a 1099 so they could realisticly say they were self employed

 

[fastman_1]

I've always Listed the Carrier I was leased to as the Employer and under the Postion Part I put I was A Independent Contractor, Also Dosen't hurt if you can secure a Letter Of Refrence from the Carrier your Leaving,And thats how I fill out a Application.

 

[RLENT]

The FMCSA official is correct more or less - I just happened to read it in the regs last night while doing some research on another issue.

What the reg basically said was that for their purposes "employee" means those directly employed by a carrier/company as well as independent contractors and owner operators who were leased to the company.

 

[arkjarhead]

I drove for an owner leased to Panther, and one that had the truck I was driving leased to TranStewart and then Tri-State. I listed Panther as the employer for the first owner and had no problem. The second owner had his own authority for some local stuff he did and I used that as an employer. Never had any problems.