Off I Go Towards A New Adventure

In This Industry....

There's more to it than just a paycheck. It's about mutual respect. Do you respect the Chauffeurs that give their heart and soul to your company? Do you consider good Chauffeurs as being a dime a dozen, because they're not.

Comments From "New" Phoenix Enterprises, LLC Employees

"You won't get a dime from CTG because it doesn't exist any longer. It went bankrupt and now has a new owner".

I know that. All it takes is one click to find out who owns an LLC.

What you should be discussing around the old water cooler is the fact that I didn't sue CTG. I sued YOU. YOU haven't filled for bankruptcy. As for your assets? It's too late to start hiding them.

New Court Date

Due to conflicting trials, the official date is now June 27, 2011.

See you there, Mikey.

Finally, We Have A Court Date!

The start of this trial is April 4, 2011. CTG can't prove they paid me hourly, nor can they prove they paid me 50% of the base of every trip plus 20% gratuity as they stated on a sworn affidavit. The paper trail tells a different story......

Oh what a tangle web they weaved.

New England Livery Assocation President

In my opinion, the President of the New England Livery Association is bar none the most unethical and immoral person to ever work in the limousine industry. Mr. Pazzaneze fired an employee 3 years ago for sexually harrassing a female employee while both the fired individual and the female employee worked for CTG, or New Phoenix Enterprises LLL, or whatever Pazzaneze has reinvented himself as. The fired employee left filthy, vile, and sexually explicit drawings and letters in both the female employee's work box and personal vehicle. Yes, he entered her car to leave disgusting letters. Mr. Pazzaneze set up a hidden camera and caught the fired employee in the act. The local police agreed with the female employee's recommendation that the fired employee not be charged with any crimes, but terminated instead. Mr. Pazzaneze agreed with that decision and fired the perpetrator. Keep in mind, this situation went on for weeks on end, and during that time the female employee lived her life in fear. Mr. Pazzaneze is on record stating he is all for background checks for livery drivers, but what does he do in his own personal life? He REHIRES the scumbag terminated employee! Yes, the pig can be seen once again at the limo pool. The dirtbag is free to come face-to-face with the female former employee because she works 6 days a week as a Chauffeur. If there's a livery company representative lower than Pazzaneze, please forward his name to me. Pazzaneze, the guy who spouts on an on about standards...what a freaking joke.

Is This The Standard Practice From All of the So-Called Best of the Best?

One of the big players in Massachusetts pays their employees 17% of the base plus gratuity, and only uses one gas station located near their base of operation. If the Chauffeur needs gas away from home base, they must pay for it themselves and seek reimbursement. Is this the norm? Is this the best you can do?

This Blog Must Be Of "Sterling" Quality....

I have quite an avid reader from Manchester, NH.

Tell me, Manchesterite, what do you love or hate about this blog?

Ask Yourself This Question

Are your Chauffeurs truly free to do as they please during that 3-hour period of down time? Do you pressure them into staying at the airport because you don't want to pay the tolls to come and go or pay for the gas costs? If the answer is yes, you are supposed to pay hourly.

Call the Attorney General and ask her. Ask her to define waiting to engage for you.

Chauffeur Appreciation Day - What A Joke

Chauffeur Appreciation Day? Are you kidding me? What do you owners appreciate about Chauffeurs? The fact that there are no jobs out here and you can belittle a person into driving 12 or more hours a day to do 4 runs with a pay scale of 17% of the base, plus gratuity?

Lets do the math. The base can be around 50 dollars. That's $8.50, plus $10.00 for gratuity.

Wow! $18.50 for that particular run! You owners are just TOO kind. For those of you who don't file bankruptcy and re-create yourself under a "NEW" LLC name, you will continue to have problems finding quality drivers. Those of you who do file bankruptcy and then merely change your name? If you have no business, you have no business.

Hamburgers and hotdogs just don't cut the mustard.

Attorney General Martha Coakley should investigate each and every one of you who do not pay hourly, yet hold a Chauffeur hostage for 12 or more hours a day.

How Does A Company Decide What To Pay?

So, a company decides to go "legit" and withhold taxes from a Chauffeur's pay check. What is a fair wage to pay the Chauffeur? Do you go hourly or still continue to pay by the job?


If you pay by the job, is NINETEEN percent of the base reasonable or a slap in the face.

Notice the above question really isn't a question. It's a statement.

Will Bankruptcy Filing Make It All Go Away?

Well, well, well....the company "behind" CTG files for bankruptcy! Phoenix Enterprises, LLC has filed for Chapter 11. Assets of zero to one million and debts of one million to TEN million. Wow! I sure hope Mr. Pazzaneze isn't the owner of any of the companies that fall under Phoenix Enterprises, LLC since he listed himself as Manager/Member. I also hope Mr. Pazzaneze put the pending lawsuit as a debt on his Chapter 11 filing because it's against the law to mislead the courts on bankruptcy documents. What happened to the title of OWNER? The President of the New England Livery Association files for bankruptcy. Times are tough. When times get tough, the tough file for bankruptcy.


http://www.freecourtdockets.com/Filing/mab_09-44519_366265.pdf

Hey, Pazz? I could use a new towncar or two if you want to make a deal.

When "Off The Record" Really Isn't Off The Record

Can we talk off the record here? Sure, until my attorney deposes all those you spoke off the record to.....

She was fired for "outing the gay drivers" who work here.

That is the most preposterous thing I've ever heard in my life.

It's also libelous and a defamation of my character.

It just keeps getting better and better..........

If You Ignore Lawyers, Does It Make The Case Go Away?

No, of course it doesn't. Your attorney can ignore every request he or she wishes, however; it's very hard to ignore a Judge.

When the time comes and you have to explain to a Judge why you chose to ignore all requests, it should be very interesting to hear you lie it all away. It will also be interesting to hear why you have suddenly decided to withhold taxes from your "Independent Contractors".

This new method of satisfying the IRS won't change the past or make your debts go away.

What To Do, What To Do.............

1. The IRS has ruled that Independent Contractors of CTG are actually employees.

2. You won't "roll over" and accept that IRS ruling based on the fact that you "modeled" CTG after another company who found favor with the IRS YEARS ago. I've read that ruling. I'm very sure that there are far less than 30% of this industry paying by 1099 in 2009.

3. You signed under penalty of perjury that you paid me 50% of the base of every job I did, plus 100% of the gratuity, yet the pay records show that you paid me $17.00 per job, plus gratuity (it was a couple dollars higher if it was a farm-in) - but those companies that farmed-in charged MUCH higher, and 50% of THAT base is substantially higher than what you paid me.

4. If I received 50% of the base of every as-directed, plus gratuity, you owe me a heck of a bit o'change. I was paid $10.00 per hour for as-directeds, plus gratuity.

Look at it this way:

Client J is billed for 6 hours at a cost of $300.00 for the base.

I am paid $60.00 instead of $150.00, leaving a balance according to your agreement with me of $90.00.

How many of those as-directeds are we talking about?

5. The issue becomes do you fight the IRS ruling or pay the taxes to the tune of God knows what? If you're going to stick to your guns that we were Independent Contractors, get out your calculator and figure out the base of every job I did and pay me what you owe me.

And have a great day!

The Issue Is NOT Independent Contractors Within The Livery Industry

Independent Contractors are everywhere in the livery industry and always will be. The issue is not "doing away" with Independent Contractors. The issue is the agreement under which the Independent Contractor performs his or her job. If you have an agreement where you state you paid an Independent Contractor 50% or 60% or 45% of the base, did you? If your I/C was actually paid $17.00 per job, that's not 50% of the base of ANY airport. If your I/C was paid $10.00 per hour for as directed's, that's not 50% of the base, unless you only charge $20.00 per hour, and we know that isn't reality.

Proper pay and fair treatment is all I seek.

"Jane Doe" Has Her First Amendment Right To Free Speech

I can have a blog. If you're going to go on the record and lie about me, I have the 1st Amendment right to dispute those lies.

How Many Livery Companies In Massachusetts Still Use The "Model" Of Independent Contractor?

Less than 1/3rd, you can best believe that. Will you be able to "best the IRS", as many livery companies have in the past? Will the ruling from 15-20 years ago carry any weight in 2009? Maybe not.

There ARE Good Livery Companies In Massachusetts

I know this for a fact because I work for one. I am now treated fairly and paid hourly. I have benefits, and I am not afraid to file my taxes. Good companies are out here, Chauffeurs!

WHY IT MATTERS

People have asked me why it matters whether I was called an I/C or an employee. It's really not that hard to figure out if you're one of the misclassified employees. It may be a bit harder for you to understand if you're one of those companies that has Chauffeurs who are not reaping the benefits of being an employee. It's also much less expensive for you, as an owner, if you're not paying the proper costs associated with having employees vs. I/Cs.

After leaving CTG, I began working with REAL I/Cs. The company I work for has both employees and I/Cs. Having never been an employee paid by the job, with no taxes withheld, I really was clueless as to how an actual I/C was paid and what their responsibilities were and how they filed their taxes.

I was SHOCKED to see that I/Cs are paid a certain percentage of each job, along with gratuity. How come they are paid such a high percentage, I asked? Well, because the I/C is responsible for the upkeep of his or her OWN car. The I/C is responsible for all costs associated with having their own business, such as gas, tolls, repairs, insurance, car payments, etc. The I/C also receives a pay check with whatever name they have chosen for their own business, and their pay check is issued to that company name. My hand-written pay check from CTG certainly didn't qualify as a business name, because I don't have a business. My name is not a business and I am not Jane Doe DBA NC Professional Services.

When it came to tax time, I found out that an I/C can write off all of the expenses associated with running their business. What did I have to write off? Nothing. No gas, repairs, tolls, insurance, car payments or any costs associated with owning my own business. Why was I called an I/C by CTG? I don't meet the criteria set forth by the IRS, as we have now found out thanks to David Bennett having the testicular fortitude to fill-out the IRS SS-8 and waiting about 8 months for a decision.

According to CTG, I HAD an I/O or I/C agreement with them, where I was paid 50% of the base plus gratuity! Wow! FIFTY PERCENT OF ALL THOSE AS-DIRECTEDS? FIFTY PERCENT OF ALL THOSE AIRPORT TRIPS? FIFTY PERCENT OF ALL THOSE RUNS FARMED TO US FROM BOSTON COACH? PLUS GRATUITY? Well.....where IS that money?

I have no deductions to take as an I/C.

Because I never was one.

Your repeated lies that I was given a car will come back to haunt you. Where I lived, we were given a parking sticker for each car we parked on the property. We were only allowed to have 2 cars based on the size of my family. I had 2 cars. I had a sticker for each car. In order for me to have parked a CTG-owned vehicle within my complex, I would have had to register that vehicle with the complex owners. Absolutely NO ONE is allowed an extra car. Aside from that fact, former employees of CTG will testify under oath that I never had an assigned vehicle that I kept at my home and neither did they.