Sage Datko  |  May 18, 2021

Category: Labor & Employment

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If you are an independent contractor trucker and are subject to the financial and behavioral control of your employer, you may have been misclassified.

Independent contractor truck drivers are not classified as employees of the trucking company for which they drive, which means they are not entitled to the same benefits as employees.

Companies may classify workers as independent contractors for several reasons.

Independent contractor truck drivers are typically responsible for the costs of obtaining and maintaining many of the items required to complete their job. Workers who are classified as independent truck drivers are responsible for paying their own Medicare and Social Security taxes, rather than having their employer pay in for them.

These workers are also exempt from being covered by workers’ compensation, and may not be subject to regulations regarding minimum wage and overtime pay, according to the Office of Child Support Enforcement.

Additionally, independent contractor truckers are generally responsible for the costs of owning, operating, and maintaining their own trucks.

Truck drivers who are classified as employees rather than independent contractors are afforded many more privileges and protections.

Employers are required to pay their share of Social Security and Medicare taxes, as well as providing workers with paid time off, overtime pay, and workers’ compensation.

How are Employees and Independent Contractors Classified?

When determining whether a truck driver is an independent contractor or an employee, there are a few things to keep in mind. True independent contractor truck drivers are not under the company’s control regarding what hours they work, what routes they follow, and whether they can work for other trucking companies, according to the Internal Revenue Service (IRS).

Woman truck driver leaning out the drivers side window. - independent contractor trucker

Several factors must be considered when determining whether a worker is an independent contractor or an employee. These factors can be broken down into three categories: behavioral control, financial control, and the relationship between the employer and worker.

Workers who are under the behavioral control of their employer are likely to be employees rather than independent contractors. Types of behavioral control may include instructions on when or where to work, what tools to use, and where to purchase supplies, according to the IRS.

Workers who are subject to financial control from their employers may also be employees. Financial control may look like the employer owning or putting significant investment into the equipment used by the worker, the worker being prohibited from working for other companies, and the employer reimbursing the worker for business-related expenses.

The relationship between the employer and worker may also be useful in determining whether the worker is an employee or independent contractor. If this relationship is expected by both parties to continue indefinitely, rather than for a set period of time, the worker may be an employee, the IRS says. Additionally, workers who perform job duties that are integral to the employer’s line of business may be employees rather than independent contractors.

If you are an independent contractor trucker and believe you have been misclassified by your employer, you may be able to hire an attorney and file a class action lawsuit against your current or former employer for this wage and hour violation.

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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2 thoughts onWhat Is an Independent Contractor Truck Driver in California?

  1. LISA HAWKINS says:

    Please add me

  2. CM says:

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