Laura Pennington  |  January 23, 2020

Category: Labor & Employment

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Heitz Trucking Inc.A semi truck driver thinking about partnering with a company either as an independent contractor or an employee should be mindful of the important legal differences between these two categorizations.

Owner-operator classifications versus company truck driver jobs are very different in nature, but a growing number of truck drivers have argued in lawsuits that they have been misclassified at the expense of important safety protections they would have otherwise received.

While the appeal of being their own boss is a big draw for most truckers who are classified as an independent contractor, how the job is performed is very important for determining whether this is the right legal distinction for those truckers.

Increasing scrutiny on the trucking industry is calling attention to situations in which companies are attempting to avoid legal responsibilities as employers by making drivers accept categorization as contractors when this shouldn’t apply. If the employers determine the conditions under which the job is being done, among other factors, then the workers should be paid as employees.

These independent contractors argue that they were being treated more like employees but were not afforded any of the benefits of employee classification. This practice, when done by companies, is illegal.

Heitz Trucking Inc. and Others Under Investigation

A number of different trucking companies have come under investigation for this alleged practice, including Heitz Trucking Inc. There are pros and cons to each arrangement.

For company driver jobs, such as those with Heitz Trucking Inc., the advantages include leaving the worries and challenges of the job behind when the key is taken of the truck, the free time allowed for the truck drivers belongs only to him or her, it’s very easy to change jobs and the money earned belongs to you. However, the downsides of this include less time at home and earning less money.  Employees are also eligible for a broad range of benefits and legal protections that are not afforded to independent contractors.

The perks of working in an owner-operator situation, which is typically classified as an independent contractor, are that the truck driver gets to select their own equipment, can obtain higher pay, gets more flexibility for taking time off of work, and the benefit of being their own boss.

However, misclassification, when a driver is actually being treated more like an employee could mean that the truck driver gets many more downsides but does not get additional protections that would have been provided under an employment agreement. Independent contractors are responsible for the entire part of their Social Security and Medicare taxes.

Additionally, independent contractors are exempt from the protection afforded by state workers’ compensation. However, when a trucking company owns the working arrangement and dictates when and how the truck driver works, this is more of an employer-employee relationship.

The vast majority of trucking companies turn to independent contractor arrangements because the employer has fewer responsibilities for the driver in that particular case. If you believe that you or another semi-truck driver you know has been paid as an independent contractor but was actually treated as an employee, this information could be raised in a lawsuit against the trucking company. Whether you drive for Heitz Trucking Inc. or another company, investigate your options if you’ve been misclassified.

Join a Free Trucker Overtime Class Action Lawsuit Investigation

If you have worked as a contract truck driver and believe your carrier has failed to pay you minimum wage or overtime, or otherwise might not have honored a contract with you, you may qualify to file a truck driver lawsuit or class action lawsuit.

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