Long-Haul Truckers Misclassified as 1099 Workers May Be Due Compensation

Many long-haul truckers misclassified as 1099 workers have filed lawsuits against the trucking companies they have driven for.

Truck drivers who are not employed directly by trucking companies absorb a lot of the costs of doing business that the trucking companies should pay. Long-haul truckers misclassified as 1099 independent contractors bear the brunt of many significant costs, including:

• Truck purchase or lease
• Fuel
• Fuel taxes
• Licensing fees
• Maintenance
• Insurance
• Other costs

It’s no secret long-haul truckers push themselves by racking up a lot of hours on the road for long stretches at a time. When those hours and the above expenses add together, some truck drivers may not even make minimum wage. If these truck drivers were correctly classified as employees, the companies would be required to pay truckers at least minimum wage every pay period.

Many current truck drivers are in a bad situation because hundreds of long-haul truckers misclassified as 1099 independent contractors have operated that way for years. As costs of health care, fuel, maintenance, insurance and new trucks have increased, the truck drivers’ pay has comparatively decreased.

How To Tell When Long-haul Truckers Misclassified as 1099

Certain factors delineate the difference between an independent contractor and an employee. Truck drivers are unique in that their supervisors can’t look over their shoulders to see what they are doing every day. However, there are other ways that determine how much control your employer exerts over you and your schedule.

If you answer “yes” to any of the following questions, you should question your relationship with the trucking company:

1. Does the trucking company set the hours you work and control your schedule?
2. Does the trucking company control your load assignments?
3. Does the trucking company control mileage reimbursement rates?
4. Do you work under the control and direction of one trucking company?
5. Do you perform your job in the way the truck company has instructed you?
6. Does the trucking company monitor your location through a GPS system or other device?
7. Does the trucking company inhibit your ability to obtain work assignments from other freight carrying operations?
8. Does the trucking company bar you from asking another worker to assist you with your duties?

Long-haul truckers misclassified as 1099 independent contractors will likely answer “yes” to at least one of those questions.

If you are an independent contractor without question, you control how and when you perform your work and are free to ask others for assistance. You also are free to work on assignments for other trucking companies with no impediment.

Companies that have long-haul truckers misclassified as 1099 workers could be in violation of the federal Fair Labor Standards Act. In addition, every state has individual rules that determine between an employee and an independent contractor.

If you are among the long-haul truckers misclassified as 1099  workers, you could be eligible for compensation through legal representation.

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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