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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 118218
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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We are a small transportation company. are drivers are independent

Customer Question

we are a small transportation company. are drivers are independent contractors. however, we have been assessed unemployment insurance and penalties. our tax returns have been garnished, our business account frozen even though we had an attorney supposedly helping us... what do we do?
Submitted: 1 year ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Just because you say drivers are independent contractors, that does not make them so. The department of labor has been cracking down on trucking/transportation companies who misclassify their drivers. If they found you did misclassify the drivers, then you are subject to penalties and interest for doing so.
Drivers are not independent contractors, according to the courts, where the drivers do not own their own trucks and hold themselves out to the general public as a independent trucking company. If they drive your trucks or you direct their performance and hours of work (control over the drivers) then they are legally employees. See: Max Trucking, LLC v. Liberty Mutual Insurance Corporation, 802 F.3d 793 (6th. Cir. 2015).
You have a right to get your attorney to file an appeal in the court to vacate the administrative ruling in this case. An appeal is your only choice if you dispute that these are employees.