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Self-Employed Independent Contractor Agreement Between an Owner /...

Oakland Michigan Self-Employed Independent Contractor Agreement Between an Owner / Operator Truck Driver and Common Carrier Company or Organization

Name: Oakland Michigan Self-Employed Independent Contractor Agreement Between an Owner / Operator Truck Driver and Common Carrier Company or Organization
Brand: US Legal Forms
Rating: 4.88 (223 reviews)

Category:

Employment - Independent Contractors - Truck Drivers

State:

Multi-State

County:

Oakland

Control #:

US-00434BG

Format:

Instant download

Description

Although no definite rule exists for determining whether one is an independent contractor or employee, the main issue is the basic issue of control. The general test of what constitutes an independent contractor relationship involves which party has the right to direct what is to be done, and how and when. Another important test involves method of payment of the contractor.

An independent contractor is not an agent of the person he is contracting with. The main way to tell an independent contractor from an agent is the degree of control or supervision that the purported principal has over the agent or independent contractor. If there is no significant supervision over the contractor, there is no agency or liability for the actions of the independent contractor. An agent or an employee is different from an independent contractor. A principal or employer has control over an agent or employee, but not over an independent contractor. A principal or employer does not have control over the work performance of an independent contractor. A principal or employer is not bound by the actions of an independent contractor.

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FAQ

So what is an owner operator? An owner operator is an independent contractor who gets to choose who to work with, get the W-9 from all companies they work with, own their own equipment, etc. Basically, an owner operator is an independent contractor with a business attached to their name.

An owner-operator truck driver is someone who owns their own truck driving business. Owning a trucking company includes owning or leasing one or more semi-trucks and finding freight to haul, as well as handling the day-to-day responsibilities that come with owning a business.

As an owner/operator, you also have the operating authority to legally deliver freight throughout the United States without a contract through a carrier. As an independent contractor, on the other hand, you can only operate a truck under the operating authority provided by the carrier you contract for.

The owner participates in profits and value creation, in return for keeping capital invested and appropriately supporting the needs of the enterprise through the work of the operator. The operator typically is compensated through a market wage, with bonuses for exceeding shareholder expectations.

Owner-operators can generally make more money than company drivers. Exactly how much you'll make depends on many factors, including what types of freight you carry and which certifications you hold. But remember, you'll also have far greater responsibilities than a company driver.

Owner operators can either lease onto a company, which means that they own their own truck but essentially only drive for one carrier, or they can choose not to lease onto a carrier. The latter means they have their own authority and find their own loads.

Owner operators generally earn higher per-mile rates than company drivers, or a percent-of-load rate. Although they make more income per load, they also must pay all the expenses of operating a truck and business.

An independent operator agrees to perform specific work in return for payment. Their employer does not necessarily control the way the work is done, or the time and place the work is performed.

A 1099 employee is one person or an entire company that you hire to do a specific job for you. That job and all its parameters, including pay rate, would be spelled out in the contract that you and your 1099 employee sign. In trucking, your 1099 employee would be an owner-operator or an independent contractor.

Contractors are not employees of a company and do not receive the same benefits an employee does. Independent contractors who are not owner operators lease equipment from an employer or another company. Owner operators, by definition, own their equipment and use it to perform work for others.

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Owneroperators and independent contractors are both types of selfemployed truckers. A truck driver working for a carrier performs the work that is within the company's usual course of business, a violation under AB5.I define three types of trucker based on employment status: (1) employee (company driver), (2) self-employed (owner-operator), and (3) employer. (boss). She concentrates in the area of workers' compensation defense for both carriers and self- insureds.

Oakland Michigan Self-Employed Independent Contractor Agreement Between an Owner / Operator Truck Driver and Common Carrier Company or Organization

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FAQ

Is a owner-operator the same as an independent contractor?

What does a owner-operator do?

What is the difference between owner-operator and carrier?

What is the difference between an owner and an operator?

Is it worth being a owner-operator trucking?

What is the difference between owner-operator and motor carrier?

Is it better to be a owner-operator or company driver?

What is an independent operator?

Are owner-operators 1099 employees?

What is the difference between owner-operator and independent contractor?

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