GUIDANCE: Owner operator contracts should clearly outline payment methods per mile or per load rates. Paying drivers by the hour is an indication that you are in an employer/employee relationship.

GUIDANCE: Owner operator contracts should clearly state the scope of the work and are in effect until the job is complete. Firing a driver before the contract is fulfilled is another way of treating your owner operators as employees. 

GUIDANCE: Do not allow owner operators to use your vehicles if you want to keep a clear delineation between them and your employees. Allowing an owner operator to use your trucks and equipment increases your liability if something were to go wrong while hauling.  

GUIDANCE: We recommend that you do not interfere with an owner operator’s choice to refuse a load. If you do, this is a clear indication that you are treating them like employees. Only employees can be directed to haul loads.

GUIDANCE: We recommend that you do not advise owner operators on where and when to service their vehicles or even what vendors to use for repair and maintenance. It is important to maintain this distinction to avoid worker misclassification. 

GUIDANCE: If there is any overlap between responsibilities that are not clearly defined, all drivers may be ruled as employees. We recommend you have an up-to-date lease agreement that describes independent contractor responsibilities.