The "company", whose owner is a bigwig on the board of the New England Livery Association, has decided to take his time turning over all paperwork associated with the so-called Independent Contractor who is seeking overtime and back wages. Thus far, all they have revealed is the number of trips done in the time frame of approximately 13-months.
EIGHT HUNDRED AND TWENTY FOUR.
Does that include the ONE HUNDRED AND EIGHTY-THREE times you subbed-out the "Independent Contractor" to Boston Coach?
Just turn over the paperwork and do the right thing for a change. Turn over copies of the hand-written checks, the daily trips sheets, the Independent Contractor agreement...(the one with the forged signature), and everything else associated with this Chauffeur.
All you're doing by delaying this is opening up a giant can of worms with the Attorney General, IRS, and that Fortune 500 company. You know the company I'm referring to. The one with the employee out on disability and unable to work - but was able to work under the table for you for 9 years, receiving checks made out to her husband. Not to mention the rest of your under-the-table employees.
Do you REALLY want to go down this road?
Tuesday, December 9, 2008
Saturday, December 6, 2008
Wild Claims and Outright B.S.
In one case being discussed by lawyers in Massachusetts, a livery company has stated an Independent Contractor, who used the livery company's vehicles, phone, and GPS, was not able to work for any other company, received her work the night before, never signed a contract stating what she would receive per job, and also experienced many other violations of the Independent Contractor law, has been informed by the company's lawyer that since she often accompanied one of her clients (a client who would only ride with her, and has since followed her to a new company where she IS an employee) into retail stores to help her because she is 75-years old, she wasn't REALLY working!!
Excuse me, New England Livery Association BOARD MEMBER, but have you lost your mind?
The guidelines in the Fall 2008 New England Livery Association Newsletter which discuss differentiating between whether or not a Chauffeur is an employee or an Independent Contractor lists 10 rules one should follow. The President of the New England Livery Association violates EVERY SINGLE ONE OF THEM.
By the way, that former employee needs a 1099 from 2007, so she can file her taxes. Of course, in the course of filing those taxes, she will also receive a determination from the IRS that she wasn't an Independent Contractor, but an actual employee. Perhaps that is why you haven't sent that particular 1099 to the IRS.....
To GPS Or Not To GPS, That IS The Question:
Your "defense" that since the Independent Contractor went home on occasion during the 4 or 5 hour gap between jobs, she wasn't working is completely contradictory. You say you know this because she was GPS'd, however; you aren't supposed to GPS Independent Contractors per the New England Livery Association's Fall Newletter and the 3-prong state of Massachusetts rules. How can you use GPS as a defense that she wasn't an employee? That makes no sense whatsoever. Independent Contractors are supposed to be "FREE FROM CONTROL".
Get it yet? You will.
Excuse me, New England Livery Association BOARD MEMBER, but have you lost your mind?
The guidelines in the Fall 2008 New England Livery Association Newsletter which discuss differentiating between whether or not a Chauffeur is an employee or an Independent Contractor lists 10 rules one should follow. The President of the New England Livery Association violates EVERY SINGLE ONE OF THEM.
By the way, that former employee needs a 1099 from 2007, so she can file her taxes. Of course, in the course of filing those taxes, she will also receive a determination from the IRS that she wasn't an Independent Contractor, but an actual employee. Perhaps that is why you haven't sent that particular 1099 to the IRS.....
To GPS Or Not To GPS, That IS The Question:
Your "defense" that since the Independent Contractor went home on occasion during the 4 or 5 hour gap between jobs, she wasn't working is completely contradictory. You say you know this because she was GPS'd, however; you aren't supposed to GPS Independent Contractors per the New England Livery Association's Fall Newletter and the 3-prong state of Massachusetts rules. How can you use GPS as a defense that she wasn't an employee? That makes no sense whatsoever. Independent Contractors are supposed to be "FREE FROM CONTROL".
Get it yet? You will.
We're "LIVERY", We Don't Have To Pay Overtime!!!
This is the latest claim by one livery company in Massachusetts. Since they are LIVERY, they think they can put you in a car for 12 to 15 hours a day and only pay you for the jobs you do. So if you do 3 runs in a 12-hour period, you might make 90 dollars. Little do they realize, if you are in one of their cars, you are working!! This means they must pay you at least an hourly wage per hour.
And by the way? Some of you don't have DOT registration numbers displayed on the outside of your vehicles. You do realize that's a violation of the DOT, don't you? You want to fall under the overtime rules of the DOT, but you don't want to spend the time or money following the guidelines.
And by the way? Some of you don't have DOT registration numbers displayed on the outside of your vehicles. You do realize that's a violation of the DOT, don't you? You want to fall under the overtime rules of the DOT, but you don't want to spend the time or money following the guidelines.
Wednesday, December 3, 2008
This Is So Funny, It's Sad
http://www.nelivery.org/about/codeOfEthics.cfm
WHAT ethics?
How many of these Board Members were involved in the lawsuit against Boston Coach for non-payment of tips? These affiliates knew what they should have paid their Chauffeurs, but instead, they pocketed the money.
WHAT ethics?
How many of these Board Members were involved in the lawsuit against Boston Coach for non-payment of tips? These affiliates knew what they should have paid their Chauffeurs, but instead, they pocketed the money.
Well, Isn't That Special!!!!
The New England Livery Association has come out with guidelines to help companies learn how to separate their Independent Operators from their actual employees, and to make sure these companies do not misclassify Independent Operators who are actually working as employees. This pamphlet was left for Chauffeurs to read at Logan Airport.
The real irony in all of this is the fact that a few of the chief players and board members of the New England Livery Association are the biggest violators of them all!!!
If you read the list of guidelines, they fail on every single issue.
There should be a class action lawsuit against these companies that fail to pay hourly wages, overtime, worker's compensation, state and federal taxes, and unemployment insurance.
One day soon, it might just happen.....
Stay tuned.
The real irony in all of this is the fact that a few of the chief players and board members of the New England Livery Association are the biggest violators of them all!!!
If you read the list of guidelines, they fail on every single issue.
There should be a class action lawsuit against these companies that fail to pay hourly wages, overtime, worker's compensation, state and federal taxes, and unemployment insurance.
One day soon, it might just happen.....
Stay tuned.
Saturday, November 15, 2008
Read It And Weep
It's all here. This is all you need to know about Independent Contractors and whether or not you are breaking the law or are the victim of lawbreakers:
http://www.mass.gov/Cago/docs/Workplace/independent_contractor_advisory.pdf
DO THE RIGHT THING AND PAY YOUR EMPLOYEES ACCORDINGLY. PAY THE STATE AND FEDERAL TAXES, AS WELL. PAY INTO UNEMPLOYMENT INSURANCE. PAY INTO WORKER'S COMPENSATION. PAY YOUR SHARE OF THE NEW HEALTH CARE LAW. STOP LINING YOUR POCKETS WITH THE SWEAT OF YOUR CHAUFFEURS!
http://www.mass.gov/Cago/docs/Workplace/independent_contractor_advisory.pdf
DO THE RIGHT THING AND PAY YOUR EMPLOYEES ACCORDINGLY. PAY THE STATE AND FEDERAL TAXES, AS WELL. PAY INTO UNEMPLOYMENT INSURANCE. PAY INTO WORKER'S COMPENSATION. PAY YOUR SHARE OF THE NEW HEALTH CARE LAW. STOP LINING YOUR POCKETS WITH THE SWEAT OF YOUR CHAUFFEURS!
The Underground Economy In Massachusetts
A few livery/limousine companies in Massachusetts are having a field day for themselves abusing their chauffeurs. How many of these companies call their chauffeurs "Independent Contractors"? Does the chauffeur own the car or do you? Does the chauffeur pay for gas or repairs or do you? Can the chauffeur driving your car work for another company while working for you? Can that chauffeur come and go as they please while driving your car? Can your chauffeurs turn down work without suffering repercussions or do you punish that person by withholding work for a few days? Do you schedule your Chauffeurs the day before for the next day? I have news for you so-called business owners. You're a bunch of criminals. You skirt the tax laws of Massachusetts and the federal government. You don't pay overtime or even minimum wage if your chauffeurs are in the car for 12-15 hours a day for $100.00 before taxes. How many of your chauffeurs work more than 40 hours a week? MOST OF THEM. If they are in your car, they are working - whether they are sitting at the airport waiting for their next job or driving to a clients home to pick up. Why don't you business owners, especially the ones who are leaders in the New England Livery Association, do the right thing and pay your chauffeurs according to both the laws of the state of Massachusetts and the United States of America. These people are NOT Independent Contractors, they are what is commonly referred to as EMPLOYEES. You can't keep this up forever. We chauffeurs are going to band together and file suit against those of you who are breaking the law. Also, if your office personnel are still working "under the table", you may want to rethink that policy, as well.
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