All those peeps need fedex approval, and someone has to be there whenever fedex says so, while uber and lyfte 'contractors' at least set the hours they decide to offer service. Next time fedex says you need to service 6 days a week, and work an average of 9-11 hours a day, try reminding them how independent you are.
FedEx Ground
- Thread starter Jakeem Simon
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That's one. Any more?
I guarantee you I will not be working 9 to 11 hour days.
Just thought I'd name the biggest retailer in the world, and yes, there are more.
You must have someone available, that's not so independent. If you were a real independent contractor, the business you were servicing couldn't set your hours. And I can tel that you don't even know the statutes. One of the statutes is that if you are providing the main service of the company, you are an employee. Do you really believe that delivering packages is not fedex's core business??? However, if you were a plumber called in to fix the toilet the drivers plugged with all their BS, you could be considered as a contractor, since fixing toilets is not fedex's core service. You have very weak arguments in favor of contractor status. Even the facts that fedex requires you to incorporate, requires that you pay your drivers as employees, determines where you will deliver, and when, even if you hire others to do the work makes it more likely that a court will find that you are an employee, just like I was, even though I had multiple routes and multiple drivers.
You forgot you must let X know how much you pay your employees when they decide to audit "your independent business".
The whole thing is such a joke.
every time I've been audited, the amounts were blacked out.
All of that is in response to misclassification in the past. You seem to want it both ways.
You don't seem like a dumb guy(maybe I'm wrong). You must be able to see through questionable antics by X.
Again, contractors were making a habit of breaking the law and paying drivers as subcontractors. X said it would not longer do business with entities that did so. When I am audited, X sees the blacked out payroll with CPA certication that employees are paid as such and taxes withheld. What nefarious thing do you think they are up to?
Nefarious....wow, you are smart. Maybe just not common sense wise.
So, answer the question.
Trying to find out if you were in compliance with FLSA laws. When I was audited they wanted everything . I was quite clear that they had an ulterior motive and that was to see what employees were being paid to be used as a guidepost when determining future rates. It couldn't have been for any other reason. There was simply no liability or risk to the company making it obvious that they were over stepping their bounds but it didn't matter to them. Given that fact when they did it to me that was it , the final indignation.
They don't care what we pay. They have engineers that determine that. That's why in the Midwest they expect drivers to make $X and in high COL areas that number changes little.
The issue is not what I was up to, it's that they should not be auditing you. By, the way I was doing everything legit before X told me I had to. See, I actually owned real independent businesses in the past. I'm almost positive your only experience in owning a business is how X tells you to do it.
No. much like you I always ran it legitimately because I was never concerned about an X audit but the thought of an IRS audit terrified me.
If they don't care what you pay then why do they audit contractor payroll records? What rule of law gives them the right to do so? Engineers are not accountants or payroll auditors . Route management is their core responsibility. According to what you are saying X reserves the right to oversee wages paid to contractor drivers . Therefore the question becomes with whom does the legal responsibility to be in compliance with wage and hour laws rest? .
I don't know how to make it any clearer. THEY DO NOT AUDIT PAYROLL AMOUNTS. They in fact make it very clear that those amounts may be blacked out.
So far, wage and hour laws are the contractors' responsibility.
Had you ever negotiated with X under ISP, you would know that everything rests with the engineer. X has an amount they will pay and variance from that amount is minimal.
I can't make it any clearer. If they are not looking at payroll amounts then what are they looking for? Furthermore that information is protected by law. It's a matter between you and the revenue authorities with the commission and power to access that information and no one else. In fact under certain circumstances even they have to get a court order. Therefore in your unbending defense of that company it's up to you do to identify what they are looking for and what gives them the legal right to look for it.
