Poodlenme has been questioning about independant contractors and drivers rights. Now I was reading an article today in the Canadian magazine "Truck News" written by a lawyer from Buffalo NY, who specializes in International transportation law.
The first interesting point, although not directly on topic, is about immigration law. BCIS regulations allow for "key managers and other essential workers but not drivers" to be sent to the USA. By extension Mexican and Canadian drivers cannot haul within the United States.
The bit that caught my eye though, was about U.S.Employer/Employee laws. A U.S. company is "subject to all state and federal laws regarding workers, including workers compensation, unemployment insurance, disability, anti-discrimination laws, and other workplace regulations".
Was Poodlenme told he was an "independant contractor" as a way around all these different laws? If that is the case, and unless his employment meets the IRS regulations, shouldn't he be able to contact someone in the US DOT for assistance?
I think it is a good "rule of thumb" that, and this applies equally to Canada and the USA, any scheme designed to circumvent laws or regulations will eventually fall apart. Government regulators, like the IRS or DOT, recognise these evasion schemes and catch most. The penalties and back charges will make doing things the legal way seem far cheaper in the long run.
Rob A.
The first interesting point, although not directly on topic, is about immigration law. BCIS regulations allow for "key managers and other essential workers but not drivers" to be sent to the USA. By extension Mexican and Canadian drivers cannot haul within the United States.
The bit that caught my eye though, was about U.S.Employer/Employee laws. A U.S. company is "subject to all state and federal laws regarding workers, including workers compensation, unemployment insurance, disability, anti-discrimination laws, and other workplace regulations".
Was Poodlenme told he was an "independant contractor" as a way around all these different laws? If that is the case, and unless his employment meets the IRS regulations, shouldn't he be able to contact someone in the US DOT for assistance?
I think it is a good "rule of thumb" that, and this applies equally to Canada and the USA, any scheme designed to circumvent laws or regulations will eventually fall apart. Government regulators, like the IRS or DOT, recognise these evasion schemes and catch most. The penalties and back charges will make doing things the legal way seem far cheaper in the long run.
Rob A.
