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Hours and Pay working for a Moving Company... Ohio

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  • Hours and Pay working for a Moving Company... Ohio

    Hello,

    I currently work for a moving company where they 1099 me at the end of the year. I'm classified as a contractor. I've been working there for close to two years and it's been steady. They have scheduled times to come in and of course when the jobs start. I have a couple concerns with drive time and miss classification of being employed by this company, or just a contractor. We use there trucks and tools for the trade. We have to be at the shop at a certain time, load the trucks up with boxes and supplies (before leaving for the job), gassing up the trucks all while not on the clock. We take the companies trucks. For the drive time for instance, we only get a total of 1 hour drive time which means from the shop to the load location and from the unload to the shop. It could take 45 mins to get there, and 45 mins back and we'd only get paid 1 hour. Sometimes it's even worse.

    What are the guidelines or laws with travel times in this matter? Also what about being miss classified as an employee? This company is rather big in my opinion with 50-100 workers with most of them are in the same situation as me.

    Some information on this would be great! Thanks!

  • #2
    A few questions....(1) do you also do the same type of work for any other company or personally? Are there any rules keeping you from competing?
    (2) do you use any of your own equipment (dollies, tape, boxes, blankets, etc)?
    (3) can you turn down jobs? If you do, are there consequences other than not getting paid? Are you limited in how many you can turn down per year?
    (4) Did you sign an actual contract at any point that states how you will be paid, policies, etc?

    Hourly pay only comes into play if you can prove you should have been paid as an employee, not a contractor. Otherwise as a contractor the amount you make is dependent on what the contract states. If there is no pay for gassing up time, then there is no low outside that contract that will require it for an independent contractor, but might be if you were an employee.

    You can fill out a form with the IRS Form SS-8: http://www.irs.gov/Businesses/Small-...ed-or-Employee There is more information at that link to read also.

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    • #3
      [QUOTE=hr for me;1240873]A few questions....(1) do you also do the same type of work for any other company or personally? Are there any rules keeping you from competing?
      (2) do you use any of your own equipment (dollies, tape, boxes, blankets, etc)?
      (3) can you turn down jobs? If you do, are there consequences other than not getting paid? Are you limited in how many you can turn down per year?
      (4) Did you sign an actual contract at any point that states how you will be paid, policies, etc?

      1) I don't do any work for any other companies in this field however there are rules stating you can't. 2) I use their supplies, dollies, tape, boxes, etc... 3) If you turn down jobs you could potentially be "fired". You can't turn down jobs. 4) Yes there was agreements signed. I would have to look into them to see how thorough they are with certain details.

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