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.