Employee Misclassification Plagues Long Haul Truck Driving Industry

There are reports of long haul truckers who have been purportedly misclassified as independent contractors when they should have been classified as employees by the companies they work for.

Some companies that offer long haul truck driving services have allegedly been the ones responsible for wrongly classifying drivers as independent contractors. By doing so, they are able to take advantage of these workers.

By wrongly classifying drivers who perform long haul truck driving services, they are able to pass on business costs to these employees but still maintain control over how they perform their tasks and work.

Essentially, independent contractors who perform long haul truck driving services must take on some of their own expenses. These expenses include fuel, fuel taxes, insurance, licensing fees, purchase or lease of the truck, maintenance of equipment and other costs.

Therefore, if these employees performing long haul truck driving services for such companies are classified as independent contractors but still have to take on additional costs, their net compensation may be less than the minimum wage.

Once an employee who performs long haul truck driving services is classified as an employee, the company that employs then would be required, as regulated by federal labor laws, to take on these expenses and to make sure the driver gets paid at least minimum wage for each pay period.

If you or someone you know have wrongly been classified as an independent contractor and has performed long haul truck driving services, then you may be eligible to qualify to file a long haul truck driving lawsuit against your employers.

How to Tell if You are Wrongly Classified as an Independent Contractor

There are many factors that determine whether a worker is an independent contractor or an employee. Additionally, just because there is a written agreement that establishes someone as an independent contractor, it does not automatically mean that they are rightly classified as one.

What establishes an employee relationship versus an independent contractor relationship between a worker and a company depends mostly on how much control the company exerts on the worker’s performance.

If you meet any of the following criteria, you may have been misclassified as an independent contractor doing long haul truck driving services:

• The truck company sets the hours you work and controls your schedule;
• The trucking company controls your load assignments;
• Your mileage rates are controlled;
• You work under the control and direction of the company;
• Your tasks are performed in a matter preferred or determined by the company;
• Your whereabouts are known through the trucking company’s GPS system or otherwise;
• You are not able to perform long haul truck driving services for other freight carriers;
• You are not able to enlist the help of another worker with your responsibilities or duties.

An independent contractor should have more control over how and when services or duties are performed. Your own schedule can be created based on your own schedule and you are able to perform tasks and responsibilities without any supervision.

Join a Free Long Haul Trucker Misclassification Class Action Lawsuit Investigation

If you are a long haul truck driver who has been misclassified as an independent contractor, you may be entitled to compensation.

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