I work as a contractor for a 24-7 road side service provider, paid 35% for jump starts, lock outs, fuel deliveries and tire changes. I use my personal vehicle and tools. How many consecutive hours can they require us to stay out in the field? Currently I'm required to 12-14 hours and when on call up to 36hrs on duty. Is this legal?
State/Country relating to question: Arizona
Internet search US dept. labor -wage & hour division.
Hi and thank you for using JustAnswer!Please clarify: do you have a written contract with the road service provider?
Yes i did sighn some employment paperwork.
Thank you. Does the paperwork say that you are an employee or are you an independent contractor?
Thank you. Do you know the difference between an employee and an independent contractor?
Yes I'm paid A percentage for each service performed, rather than being paid hourly.
And you have to pay your own taxes, right?
And you provide your own equipment and tools, right?
Correct it's actually 12-24 and 36+hours when on call.
Thank you. Do you understand that, as an independent contractor, you have no legal protections as an employee? You are actually working as if you are self-employed.Are you aware of that?
Yes I understand that, They have a weekly schedule made by our so called driver manager but if I'm self employed I technically shouldn't have a manager telling me where to go or how long i should sit in my vehicle waiting for someone in need of assistance correct. They contract through AGERO who sends Express Roadside the call and Express in turn dispatches them to nearest driver. They try and tell us to stay 3miles from last call and don't like it when we go home during down time. Sitting in vehicle in Arizona heat can be dangerous.
Thank you. Because you are an independent contractor, the facts that you describe are legal.If it is your claim that you are not an independent contractor and should be paid as an employee, that's a different issue. For that, you would complete form SS-8 (click here), file it with the IRS, and they will make a determination if you should be re-classified and paid as an employee. It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things. Please let me know if there is anything else I can provide to give you excellent service!"
So as to my origanal question. Can they demand we stay on duty performing service calls from 24 to 36 hours?
They can require your availability for those time periods. If you do not want to be available, you do not have to accept assignments from them.
They can require my availability understood. Can they demand I stay in a certain area or not move a pre determined distance.
That is a gray area of the law, quite honestly. They can impose conditions of availability. How far they can go "depends" and it's a gray area.
For further details would DOL be the correct agency to inquire?
It would be the IRS via that SS-8 form I previously linked to you. They would have to make the determination.
You are most welcome!
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