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rvlaw, Attorney
Category: Business Law
Satisfied Customers: 8386
Experience:  NYC Trial Attorney 30+ years; Law professor ; BUSINESS LAW; CONTRACTS; TORTS; Arbitrator
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I have employee drivers that drive my trucks. I use the same

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I have employee drivers that drive my trucks. I use the same truck 2 to 3 shift per day. I pay for truck,
Fuel,insurane,and labor. I want to be able to lease the truck by the shift , have independent contract drivers, instead of employee. Need to hold driver to be more responsible for their actions, fuel, time, damages. No over time. Is this legal? What kind of contract do I need? Lease contracts daily weekly, monthly?

Hi and welcome,


You raise an important issue which has serious ramifications for you as well as your drivers in many areas such as taxes and liability. The law looks carefully at these cases. It's not just a question of what you want to LABEL the is WHAT THE RELATIONSHIP REALLY IS.


If you continue to treat the trucks as yours and treat your drivers as employees by virtue of fuel, insurance and labor....then you remain an employer with responsibilities for certain bookkeeping, taxes, social security, etc.......all leading up to a W-2. And if he is negligent, you are also responsible for injuries he causes along with him.


Alternative: A clear written INDEPENDENT CONTRACTOR AGREEMENT. He leases your truck for a fee, but pays all expenses himself. You pay him $X ....give him a 1099 at the end of the year and have no responsibility for his negligence. There would be a clause that he will indemnify you from any suit against you brought by an injured person who doesn't know the kind of legal relationship you have with the driver and names you in a lawsuit.


If he has his own truck, you pay him $Y and everything else is the same as just explained.






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Customer: replied 4 years ago.
So is it legal to lease the truck per shift?

Absolutely in accordance with my answer.