just turned 21 years old and looking for advice on which company to drive for

[Mackman]

Come on JD and CFM lets get this show on the road. Its been a couple days.

I want a nice clean fight. No hitting below the belt. Both of you got it??

Lets go.

[GMAN]

1099 is not for everyone...yes. but works for me. i was just throwing a suggestion out there to someone that wants to work. and like i said but seemed to have been overlooked..not all contractors pay on 1099.

joey shabadickhead...how much of YOUR money do you keep all year. your check has taxes deducted and you get X amount back as your refund. I pay nothing in all year and paid only 1000 dollars at the end of the year. your extreme hatred for anyone other than yourself, and the hatred you got for anybody that does a job in another way that you do is what the real joke is.

the 1099 thing is not for all and to be honest scared me at first. but it seems to be working for me..once you learn how to play the games with the IRS, i get to keep all of my money and they get none.

I asked joey a few years ago when he was here under another of his many names who he drove for. i asked if his job was so wonderful if he could share that information with others. then one day while he expressing his extreme discontent for truck drivers in general and for any carrier that employs truck drivers we discovered that in addition to his well paid local job that he hauls mail on the weekends..in a big truck. why would someone that thinks his job is so great and pays so much better than otr would either work more driving another truck on the weekends. why would said person need the extra money. if he/she dont need the extra money then why have more hours to log which creates less time for the great local job. or better yet, which i assume is being done, why run illegal and risk the fines and punishment for a few extra bucks..especially when the extra bucks are coming from doing something that he/she seems to despise so much. WHY?

and why the constant need to come here and run down good people that are supporting or trying to support their family? there are still actually good people out there, this board is full of them, that want to work. they want to work so bad to support their family that they will give up time at home, time partying and drinking, time away from kids school function, kids ballgames, all kinds of stuff...just so they can provide some sort of life that sitting on their ass would not provide. a life where thay can buy a house, a car, put their kids through college someday..hell a life where food is on the table and shoes are on their feet. where in the **** do you get off putting these people down you miserable peice of ****. if i were even a fraction as unhappy as you appear to be i would shoot myself in the head..but dont worry. as long as you got that attitude, and put down these good hard working people..i am confident that someone, someday is at least gonna beat that ****ing head of yours to a pulp.

sincerely..JED...proud husband, father, and truck driver!!

Good for you. I am glad that you found a job that works for you. Contrary to what some believe, there is nothing wrong with being issued a 1099. The problem comes in when someone who is paid that way fails to pay his or her taxes. They don't want to take responsibility for paying their own taxes and then blame it on someone else. I like the idea of keeping my own money until it is time to pay taxes. I don't like the IRS being able to sit on MY money all year long until they choose to give some of it back at the end of the year. That is what happens when you are issued a W2. When you get money back at the end of the year it is like you gave an interest free load to the government. I think that it is much better to pay them $1,000 or less at the end of the year than to have them send several thousand dollars back at the end of the tax year. When you receive money back on taxes it means that you have over paid. That is money that you could have invested to earn more money. Instead, the government used YOUR money for a year for FREE.

And it is not illegal to be paid on a 1099.

[Mackman]

.

And it is not illegal to be paid on a 1099.

Gman you might want to check that again. If you are an employee it is illegal to pay on a 1099.

Plus what about workmens comp. When your a 1099 worker i hope you dont get hurt on the job cuz you wont get nothing. What about unemployment you cant get that when your paid on a 1099 as well.

GMAN for an employee why do you say it is better to be paid on a 1099??

W-2 is by far the better choice to be paid if you are an employee.

Employment Law: hired and was not told 1099 status, unemployment insurance, insurance workers

If you google being paid on a 1099 you will see tons of websites stating it is illegal.

Being paid with reporting on a 1099 does not allow the employer to account for paying you social security and medicare, nor tax withholding, workers compensation or unemployment. That is why companies like to make people independent contractors because then they don't have to pay those things.

[jd112488]

well, i have been debating replying to this for the last few days. it really bothers me that there is a person here that despises truck driving and those that do it so bad that he calls anyone who wants to do it "idiots". it really bothers me that i tried to give someone that wants to work a suggestion on where to look for work and it turned into a debate on the way that I get paid...instead of helping someone find a job. that being said i will say this. i dont know cfm, or whoever he is now days, and i dont really care to know him. there are many people on this board that give great advice, gman, otg, to name the first two that come to mind. gman constantly catches hell because he give good advice but sticks up for the otr side of the business. i know that i am a smartass and i welcome the smartass attacks that i tend to dish out. as for the what if something happens to me on the job, seeing as i do not pay into workers comp, unemployment, etc. well, i guess i will deal with that should it ever happen. what if i get killed in a car accident on a sunday morning on my way to the grocery store? things can happen to ANY of us at ANY time. i would like to think to my family and friends that i am more than a paycheck. as for cfm knowing that my contractor would not help me out...he doesnt know me much less my contractor. so that was out of line. there seem to be people on this forum that seem to know what is best for everyone else that is here based on their past experiences. i for one hated otr, being gone for minimum of 5 days at a time. does that mean that everyone else will as well? nope, just means it didnt work for me. i am sure that cfm knows what the local truck driving job market is in my area so he knows that i would make less money and only be home long enough to sleep. yes, on a 1099 you dont have what many of us would consider benefits. that may also be what we define as benefits. is a benefit being home alot with your family? is job security a benefit? is going to work and actually enjoying your job a benefit? in my humble opinion there are many more things to look at when accepting a job than dollars and what we call benefits. and yes i know the downfalls to getting paid on a 1099..i also know the downfalls to getting paid on a w2. from my own dealing with both i do better on a 1099, but that is just me!!! it doesnt mean that it will work for everyone, but it works for me.

i signed a subcontractor contract when i started this job 6 years ago. i read it and signed it and knew what i was in for when i started. swift is also being sued the same as fedex is now for the same reason. a group of people signed the lease deal with them and did not make it. now instead of taking the responsibility of the failing there are going after swift saying that they were employees and not contractors. they, like me, signed a contract stating what the deal was. there is nothing illegal about that, there is personal responsibilty which we seem to be lacking. the contract was read and signed, i assume it was read anyways. that makes us liable. there is no difference between what fedex ground does and what landstar does.

there are alot of good people that have made a good living driving trucks. there are alot of people that have made a good living owning trucks. i am not sure of what i think of that kevin rutherford guy, but he seems to be doing alright in the trucking industry...and his trucks are leased on to fedex ground in orlando.

that is my response, tried to not argue or fingerppoint. just sharing my side. for those that were hoping for a big argument i apologize. i am not really here to bash the local jobs, they are great..if you can find one that suits you. as otr is not bad if you find the deal that suits you. as in my case there are some things in between otr and local that my suit you. all that being said, a person need to find what is best for them. my best and your best will most likely be two totally different things, but you shouldnt care what is best for me or someone else, but what is best for yourself.

[Mackman]

well, i have been debating replying to this for the last few days. it really bothers me that there is a person here that despises truck driving and those that do it so bad that he calls anyone who wants to do it "idiots". it really bothers me that i tried to give someone that wants to work a suggestion on where to look for work and it turned into a debate on the way that I get paid...instead of helping someone find a job. that being said i will say this. i dont know cfm, or whoever he is now days, and i dont really care to know him. there are many people on this board that give great advice, gman, otg, to name the first two that come to mind. gman constantly catches hell because he give good advice but sticks up for the otr side of the business. i know that i am a smartass and i welcome the smartass attacks that i tend to dish out. as for the what if something happens to me on the job, seeing as i do not pay into workers comp, unemployment, etc. well, i guess i will deal with that should it ever happen. what if i get killed in a car accident on a sunday morning on my way to the grocery store? things can happen to ANY of us at ANY time. i would like to think to my family and friends that i am more than a paycheck. as for cfm knowing that my contractor would not help me out...he doesnt know me much less my contractor. so that was out of line. there seem to be people on this forum that seem to know what is best for everyone else that is here based on their past experiences. i for one hated otr, being gone for minimum of 5 days at a time. does that mean that everyone else will as well? nope, just means it didnt work for me. i am sure that cfm knows what the local truck driving job market is in my area so he knows that i would make less money and only be home long enough to sleep. yes, on a 1099 you dont have what many of us would consider benefits. that may also be what we define as benefits. is a benefit being home alot with your family? is job security a benefit? is going to work and actually enjoying your job a benefit? in my humble opinion there are many more things to look at when accepting a job than dollars and what we call benefits. and yes i know the downfalls to getting paid on a 1099..i also know the downfalls to getting paid on a w2. from my own dealing with both i do better on a 1099, but that is just me!!! it doesnt mean that it will work for everyone, but it works for me.

i signed a subcontractor contract when i started this job 6 years ago. i read it and signed it and knew what i was in for when i started. swift is also being sued the same as fedex is now for the same reason. a group of people signed the lease deal with them and did not make it. now instead of taking the responsibility of the failing there are going after swift saying that they were employees and not contractors. they, like me, signed a contract stating what the deal was. there is nothing illegal about that, there is personal responsibilty which we seem to be lacking. the contract was read and signed, i assume it was read anyways. that makes us liable. there is no difference between what fedex ground does and what landstar does.

there are alot of good people that have made a good living driving trucks. there are alot of people that have made a good living owning trucks. i am not sure of what i think of that kevin rutherford guy, but he seems to be doing alright in the trucking industry...and his trucks are leased on to fedex ground in orlando.

that is my response, tried to not argue or fingerppoint. just sharing my side. for those that were hoping for a big argument i apologize. i am not really here to bash the local jobs, they are great..if you can find one that suits you. as otr is not bad if you find the deal that suits you. as in my case there are some things in between otr and local that my suit you. all that being said, a person need to find what is best for them. my best and your best will most likely be two totally different things, but you shouldnt care what is best for me or someone else, but what is best for yourself.

WTF jd this is not like you. I was waiting for the big blow out. This has got to be by far the best post you made.

I see where your coming from with somethings. I'm sure the guy you work for pays a 1099 weather or not you like it. So you got to do what you got to do to put food on the table. I'm not trying to knock you at all. If your happy thats all that matters. Im just trying to point out facts about 1099 vs W-2.

[cdswans]

. . i signed a subcontractor contract when i started this job 6 years ago. i read it and signed it and knew what i was in for when i started. swift is also being sued the same as fedex is now for the same reason. a group of people signed the lease deal with them and did not make it. now instead of taking the responsibility of the failing there are going after swift saying that they were employees and not contractors. they, like me, signed a contract stating what the deal was. there is nothing illegal about that, there is personal responsibilty which we seem to be lacking. the contract was read and signed, i assume it was read anyways. that makes us liable. there is no difference between what fedex ground does and what landstar does . .

While I generally support everything you've posted, I have to take issue with this. I'm not saying you're wrong, only that this is the very basis for the lawsuits. Keep in mind that a couple of these were tried recently in CA and the carriers lost . . the drivers are employees. What the lawsuits basically say is, the carriers have become very clever at sculpting independent contractor agreements that make very distinct turns around very specific obstacles in employment law. In other words, if they were sincere about a genuine independent contractor relationship, the agreements would read like one and not like a road map around employment law. The agreements stipulate that carriers exercise complete and exclusive control over it's contractors over long periods of time and that sounds too much like an employer/employee relationship. FEDEX has the additional burden of explaining away the uniform requirements.

You have to admit, there's a powerful motivation to get "employees" off the payroll. Beyond the usual expenses of having them, crashes caused by employees can be very expensive, too. Swift had one recently that set them back $27 million, thanks to a meth head with a history Swift knew or should have known about. Had that been an IC, Swift's liability might have been limited to damages caused by defects on it's trailer, if any . . or not much.

Let's not forget the lessons of Arrow and how Doug Peil*****er et al rewarded themselves from their self insurance fund while they were ska-ska-ska-ska-screwing their drivers. Lot's of companies self insure to some degree. For every dollar they collect, they set aside x number of pennies to pay claims. If you pay no claims you end up with big funds. If a company was able to magically eliminate all driver employees and replace them with ICs, thus reducing their exposure to claims but they continued to fund self insurance, there'd be a much bigger fund to loot come lootin' time.

[Joey Shabadoo]

as for the what if something happens to me on the job, seeing as i do not pay into workers comp, unemployment, etc. well, i guess i will deal with that should it ever happen.

No health insurance, no worker's comp, no disability....and you've got a wife and 3 kids.
Why would you gamble like that so you can go play trucker?
Sure, any one of us could get hit by a car crossing the street tomorrow.
That's why smart folks have health insurance to cover medical expenses.
Have you been to a hospital lately? Do you know how expensive it is?
What if one of your kids needs an operation?
What if you're injured on the job?
Then what are you gonna do?

If you want to listen to the industry ho's pulling for the same rates they were 20 years ago and telling you 1099 and no insurance is a square deal, then that's a matter of your own affair.
I sure as hell wouldn't listen to them.
Check the load boards...that's a real smart bunch there.
Hey, whatever....it's your family not mine.

[Jay B]

First of all pay no attention to those who say there is no future in trucking... if it wasnt for my "class-a" I probably wouldnt be employed right now. Having a CDL doesnt mean the only job you can do/get is an over the road job. There are MANY other jobs out there that require a CDL without having to give up your current life to get. Granted most wont pay what OTR pays, but if money is all your interested in than I suggest bank robbery as your career as choice. LTL and food service delivery are just a couple that spring to mind. Personally I gave up $800 a week (take home) for $10/hr because I think happiness is more important than a few bucks. I'm home every night, off weekends, and I'm not handcuffed to a steering wheel. My 'free time" isnt spending 3 days in the bunk of a company truck watching the same movies on a 13" screen.

As far as "starting out," well there are several options to choose from. Most LTL require a year experience, but food service delivery companies will sometimes hire with no experience. Shop around, comb the classifieds, and more importantly... dont give up.

Rigid sporty has some good advice, and even though I don't drive any more my CDL kept a roof over my family and food on the table when there were no other jobs. And yes, I would go back to driving before I took a lot of other types of jobs if the one I have now ended.

Another piece of advice: Yes, most companies want 23 to 25 or older with 1 to 2 years experience OTR for the good local jobs, but if they need a driver and you are there and come across well in your interview you could get the job. Check road construction companies, logging companies, concrete, sand and gravel, even trash collection.

[jd112488]

who said i dont have insurance??? i dont have any through my contractor. and those of us paid on a 1099 are not playing trucker..we are truckers..just like everyone else that drives a truck. i have been to the hospital..in october of 09 as a matter of fact. i paid my bills and went on down the road. again, it is disturbing that some advice was giving for a young man as to where to look for a job and it turned into bashing jed and the way he gets paid.

as for the uniforms....yeah, we have to wear fedex clothes. they are cheaper than any cloths that i would buy at walmart to wear to work and they are tax deductible. if that is the basis for the lawsuits then i am not worried.

as for not worrying about my family because i get paid on a 1099. **** you, you dont know me or anything about me other than i drive at fedex ground and get paid on a 1099.

this is a forum for truckers and for people to maybe learn about how to get into trucking. who cares why they wanna get into it? is it a deadbeat job as you describe? i would certainly think not since it is how you support yourself. it is a sad state of affairs when that is the best advice you give someone is that only an idiot would want to drive a truck...maybe you should look in your mirror and see the idiot in the reflection...TRUCKER!!!!

[Joey Shabadoo]

who said i dont have insurance???

What insurance do you have?

i dont have any through my contractor.

No surprise there.

as for the uniforms....yeah, we have to wear fedex clothes. they are cheaper than any cloths that i would buy at walmart to wear to work and they are tax deductible.

If FedEx make you wear uniforms, then why are you paying for them out of your own pocket?
Why don't you pay for fuel to put in the truck while you're at it? You can write that off on your taxes, too!

as for not worrying about my family because i get paid on a 1099. **** you, you dont know me or anything about me other than i drive at fedex ground and get paid on a 1099.

Driving for a FedEx Ground contractor means you're underpaid.
1099 means you're a fool.

More than anything, I feel sorry for you, man. Really, I do.

[Fourcats]

Friday was a great day to drive. I was "truckin" down the Gorge on Hwy14 {Washington side} when I heard something coming...

It was a EA-6b Prowler. The driver about took off my antenii diving into the Gorge at...fast. They flew down the river headed West at about 200ft, pulled up and were gone.

Wish I was 21...

[Ronin]

What insurance do you have?



No surprise there.



If FedEx make you wear uniforms, then why are you paying for them out of your own pocket?
Why don't you pay for fuel to put in the truck while you're at it? You can write that off on your taxes, too!



Driving for a FedEx Ground contractor means you're underpaid.
1099 means you're a fool.

More than anything, I feel sorry for you, man. Really, I do.

And here I thought you were just being a ***** to me, Joey. Guess he has to troll everyone to make himself feel better.

[GMAN]

Gman you might want to check that again. If you are an employee it is illegal to pay on a 1099.

Plus what about workmens comp. When your a 1099 worker i hope you dont get hurt on the job cuz you wont get nothing. What about unemployment you cant get that when your paid on a 1099 as well.

GMAN for an employee why do you say it is better to be paid on a 1099??

W-2 is by far the better choice to be paid if you are an employee.

Employment Law: hired and was not told 1099 status, unemployment insurance, insurance workers

If you google being paid on a 1099 you will see tons of websites stating it is illegal.

Being paid with reporting on a 1099 does not allow the employer to account for paying you social security and medicare, nor tax withholding, workers compensation or unemployment. That is why companies like to make people independent contractors because then they don't have to pay those things.

You cannot pay someone on a 1099 without telling them in the beginning. There are IRS guidelines that explain the difference between an independent contractor and employee. You cannot make a blanket statement that paying someone on a 1099 is illegal. Essentially, it comes down to control of the individual by the company. Many commission salesmen have been paid on a 1099 for many decades. If someone is not disciplined enough to put money back for taxes then they may be better off working for a company who will deduct their taxes and pay them to the government for them. As an independent contractor you may have additional deductions not available as an employee, that could lower your tax bite at the end of the year. One reason that I prefer a 1099 is that I can have access to my money rather than allowing the government to have an interest free loan of my money for a year. Instead of getting MY money back at the end of the year I may or may not have to pay the IRS at the end of the year. I would prefer to owe them at the end of the year than have them to owe me.

As far as workers compensation is concerned, there are occupational disability insurance policies you can purchase for much less than workers comp that has pretty much the same benefits without as much hassle and is much cheaper. A occupational policy runs about $140/month from OOIDA.

We have become a nation who doesn't want to take responsibility for ourselves or our families. Being paid on a w-2 is a way to pass the responsibility for paying our taxes on to someone else. If you receive money back on your taxes at the end of the year then you have given your money to the government as an interest free loan. You could have invested that money and had more money at the end of the year rather than waiting for the government to decide whether you should receive some or all of your money back.

When a company pays on a 1099 they save administrative costs and the employers part of the social security pay. The contractor could receive more money due to the savings by the company and have more control over his job by being paid on a 1099. If I pay on a 1099 and are then forced to pay the same individual as an employee then I will lower the compensation to recover the extra taxes and administration costs that I will need to incur. I think you will find that with any company who has to pay additional costs to an individual. I don't understand why someone should be put down or berated because they prefer to be paid on a 1099 rather than a w-2.

[Joey Shabadoo]

There are IRS guidelines that explain the difference between an independent contractor and employee. You cannot make a blanket statement that paying someone on a 1099 is illegal. Essentially, it comes down to control of the individual by the company.

Right.
So explain how JD is a contractor here.
Can he turn down runs?
Does he get to choose where he goes?
Does he make his own schedule?
Nope....
FedEx even makes him wear company uniforms.

I don't understand why someone should be put down or berated because they prefer to be paid on a 1099 rather than a w-2.

He's clearly an employee and is being misclassified so the contractor can save $$$.
To argue otherwise is foolish.
There's a reason why FedEx Ground is getting sued left and right for this misclassification BS.

[GMAN]

Right.
So explain how JD is a contractor here.
Can he turn down runs?
Does he get to choose where he goes?
Does he make his own schedule?
Nope....
FedEx even makes him wear company uniforms.



He's clearly an employee and is being misclassified so the contractor can save $$$.
To argue otherwise is foolish.
There's a reason why FedEx Ground is getting sued left and right for this misclassification BS.

I don't know enough about his particular situation to say whether he meets IRS guidelines or not. He is not an employee of FedEx if he works for a contractor. He may or may not be considered an employee of the contractor. In any case, as long as he pays his taxes it won't make any difference how he is classified. As long as he agreed to be paid as an independent contractor there should not be a problem. Those who work as an independent contractor and then try to get the IRS to force the carrier to pay their taxes after they failed to take care of their responsibility are the worst of the worst. These people should be forced to pay their own taxes. I think that everyone should be paid on a 1099 so that they can take responsibility for paying their own taxes and fully understand exactly how much they are actually paying the government in taxes.

[Joey Shabadoo]

I don't know enough about his particular situation to say whether he meets IRS guidelines or not. He is not an employee of FedEx if he works for a contractor. He may or may not be considered an employee of the contractor.

Let me spell it out for you in a very simple way that someone like yourself can understand:
He shows up at the terminal.
He gets his bills.
He gets in his truck.
He drives to another terminal.
He drops, hooks to another trailer or set.
Then he drives back to his home-20.

So please explain how he's considered an independent contractor.

In any case, as long as he pays his taxes it won't make any difference how he is classified.

It does to the IRS and the state/federal government.

I think that everyone should be paid on a 1099 so that they can take responsibility for paying their own taxes and fully understand exactly how much they are actually paying the government in taxes.

Yeah, that's a great plan.

[GMAN]

Let me spell it out for you in a very simple way that someone like yourself can understand:
He shows up at the terminal.
He gets his bills.
He gets in his truck.
He drives to another terminal.
He drops, hooks to another trailer or set.
Then he drives back to his home-20.

So please explain how he's considered an independent contractor.

I have been in business for over 40 years. I think that I can understand. How long have you been in business? You obviously don't understand the IRS guidelines. You have stated nothing that would define whether he should be classified as an employee or independent contractor.



It does to the IRS and the state/federal government.

All the IRS cares about is collecting the taxes. As long as someone pays they don't care where the money comes from. The only problem comes in when the contractor fails to pay his taxes and then whines to the IRS that he was an employee and his employer failed to pay his taxes and took advantage of him.

Yeah, that's a great plan.

Some of us are responsible individuals. We don't need someone to take responsibility for paying our taxes for us. We can do that ourselves.

[Joey Shabadoo]

Some of us are responsible individuals. We don't need someone to take responsibility for paying our taxes for us. We can do that ourselves.

Yeah, sure buddy.
You know how many O/O don't pay taxes?
It would surprise the hell out of you.
Some years ago, I used to know a girl who worked for the IRS.
She told me that independent truckers were one of the highest percentiles of tax cheats in the country.
No joke.

I have been in business for over 40 years. I think that I can understand. How long have you been in business? You obviously don't understand the IRS guidelines. You have stated nothing that would define whether he should be classified as an employee or independent contractor.

40 years and still driving truck?
Hell, I'll be fully retired when I get my 20 in.
To each their own, I guess.
Whatever rocks your boat...

[Ronin]

You make some pretty wide assumtions here joey, as usual.

First, you assume that since some independents don't pay their taxes, that all of them should be regulated regardless of their compliance (or lack thereof) with the tax code. Way to slap the good folks in the face man.

Second, you assume Gman is a solo O/O. after that long in the game and as much as he knows about it he's probably a fleet owner.

[GMAN]

Yeah, sure buddy.
You know how many O/O don't pay taxes?
It would surprise the hell out of you.
Some years ago, I used to know a girl who worked for the IRS.
She told me that independent truckers were one of the highest percentiles of tax cheats in the country.
No joke.


The IRS has been targeting the trucking industry more heavily in the last few years according to an individual to whom I spoke who works for the IRS. Guidelines for the trucking industry are somewhat different than some other industries. I am not sure that you will find more people in this industry who don't pay their taxes than any other industry. People will pay taxes they deem fair.


40 years and still driving truck?
Hell, I'll be fully retired when I get my 20 in.
To each their own, I guess.
Whatever rocks your boat...

You better hope that your union retirement doesn't go south on you. These big labor unions have been known to take your retirement money and run. After you retire what do you plan on doing for the rest of your life? Not everyone wants to retire. I haven't been driving much in recent years. I have had drivers in my trucks. I decided to start driving again this year. You see, some of us enjoy driving.