NLRB 1099 Guidance
The National Labor Relations Board has come out with updated guidance to see if you are a 1099 independent contractor or an employee. I think that many of you that lease trucks may find it difficult to pass this new test. There is a link to the article from Overdrive Online HERE. Anyway, the NLRB talks about operational freedom. It is more than clear by the new guidance that if you are driving someone else's truck you are an employee. Some of the things are that you need the ability to decline loads without recourse, you need to be able to work whenever you want including taking off as much time as you want without any problem from your carrier, you need to be able to select the type of equipment you operate (brand of truck, etc), you need to be able to finance the truck however and wherever you want and you need to be able to maintain the truck on your preferred schedule. The carrier cannot demand a particular oil change schedule or any other type of schedule. Also, as always, you need to be able to suffer a loss or make a profit. A $0 check is not a loss. Would the operation you are in be able to pass these tests? If you are driving a truck you do not own I doubt you could.
It is currently -14F at Trucking Answers International Headquarters and Training Center. Please, leave your truck running in this type of weather. It is not fit for man nor beast out there.
See you on the road!
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Hi! Welcome. I'm Mark and I've been a professional truck driver for over 33 years, the last 19 years at the same company. It is time that drivers got paid for every minute that we work and we are treated like the licensed professionals we are.