Hey everyone. I am new here and I am having a hard time figuring out how I should proceed with regards to how I should pay the guys I have working for me. To start off I started my business back in 2012 as an LLC as a sole owner operator with one box truck. Fast forward 4 years and I am now working to get a contract with a new company that is wanting me to bring on at least 3 trucks this year. This is where my problem starts. They are vetting me and are requiring me to get and unemployment insurance policy and also sign up for unemployment taxes. Well I currently have one truck with one guy in it and hes paid as a contractor. The more I read about what the IRS considers as an employee vs contractor the more confused I guess. Most of the people I know who have several trucks and employee people are paying them as contractors since this business has no set hours for the most part and you are done with the day when there is nothing left to deliver.
So if I provide the truck and the equipment can they still be considered as a contract worker? I mean he/she is required to be at the warehouse between 6 and 7am and they load up and are on their own using my equipment until the job is done. The pay is a flat rate per day or was the plan once we start the operation in a couple weeks. If I was to pay them as an employee that opens up a whole new can of worms and makes it a lot more expensive and not even sure how I would go about paying them flat rates. So has anyone dealt with this or have any advice with regards to how I should set it up. Its a 6 to 7 days a week operation doing last mile services for a retail customer locally. Can I consider them as contractors or what has to happen to be able to consider them that way? I know the rest of the trucks already on with them are all 1099 contractors but they are not sharing much information on how they set it up to make it fly with the IRS guidelines. Anyway thanks in advance!
Jason Zalesky
So if I provide the truck and the equipment can they still be considered as a contract worker? I mean he/she is required to be at the warehouse between 6 and 7am and they load up and are on their own using my equipment until the job is done. The pay is a flat rate per day or was the plan once we start the operation in a couple weeks. If I was to pay them as an employee that opens up a whole new can of worms and makes it a lot more expensive and not even sure how I would go about paying them flat rates. So has anyone dealt with this or have any advice with regards to how I should set it up. Its a 6 to 7 days a week operation doing last mile services for a retail customer locally. Can I consider them as contractors or what has to happen to be able to consider them that way? I know the rest of the trucks already on with them are all 1099 contractors but they are not sharing much information on how they set it up to make it fly with the IRS guidelines. Anyway thanks in advance!
Jason Zalesky
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