EMPLOYMENT (“EMPLOYEE MISCLASSIFICATION”) / NY Governor Cuomo is expected to sign next month a bill that classifies truck drivers heretofore classified as independent contractors as employees instead – substituting a trucking-specific test for the traditional test for independent contractors developed at common law and embodied in state statutes.

August 12, 2013 Transport Topics article available here.

Copy of Senate bill introduced April 12, 2013 and as amended on third reading on June 18, 2013 available here.

EMPLOYMENT & MOTOR CARRIER / Delivery truck drivers for home heating oil companies were actually “employees” per the Massachusetts “Wage Act”, not independent contractors as heating oil company had characterized it.

Crocker v. Townsend Oil Co., Inc., 2012 WL 6217368 (Supreme Judicial Court of Massachusetts, December 17, 2012). Free copy available here.

Who is affected? Companies – whether motor carriers or not – who engage the services of truck drivers for freight movements and those truck drivers who perform those freight movements.

Recent contribution by the Supreme Judicial Court of Massachusetts to the ongoing controversy raging in the judiciary and administrative agencies relating to what the U.S. Department of Labor, labor unions and certain others refer to as “employee misclassification”. On the other side of this controversy are those who pursue “owner-operator” working relationship. 

Here the issue was liability of the heating oil company to pay specified wages under the Wage Act to its delivery truck drivers.  Continue reading

TAXATION (STATE) & MOTOR CARRIER / Motor carrier claiming “owner-operator” (“independent contractor”) status for its drivers under state’s unemployment tax law was actually “employer” where motor carrier had failed to establish that: (1) Drivers “furnished” vehicles; (2) drivers leased vehicles to motor carrier; or (3) drivers “maintained” the equipment allegedly furnished to motor carrier.

3P Delivery, Inc. v. Oregon Employment Department Tax Section, 2012 WL 6608139 (Oregon Court of Appeals, December 19, 2012). Free copy available here.

Who is affected? Companies – whether motor carriers or not – who engage the services of truck drivers for freight movements and those truck drivers who perform those freight movements.

Recent contribution by the Oregon Court of Appeals to the ongoing controversy raging in the judiciary and administrative agencies relating to what the U.S. Department of Labor, labor unions and certain others refer to as “employee misclassification”. On the other side of this controversy are those who pursue “owner-operator” working relationship. 

Here the issue was liability of the motor carrier to pay unemployment tax.  Continue reading