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Am I a Sub or an Employee...Help Please!

Discussion in 'Introduce Yourself to the Community' started by golfprojp, Nov 13, 2011.

  1. golfprojp

    golfprojp Junior Member
    Messages: 6

    Hi guys I have a situation here, I have never plowed before but have been offered a job plowing for a local landscape company for approx $20 hourly driving their truck. I have winters off as I manage a golf course and this would be great additional income. My question is this: If I drive the company truck do I need any additional insurance other than my auto policy? Also, the company may want to pay me with checks written to my construction company..I started a GC business this year to be able to do a few roofing projects for referral business from when I was a storm chaser over the past few years. If he pays my company, I would have to be sure to beef up my GL policy(currently 500/500) and would I still have to get Commercial auto policy as well if I am driving his vehicles?

    Sorry to be long-winded but a little worried. I prefer to be paid as an employee and have taxes taken out but they would rather 1099 me. Thank you in advance for any help! I have also considered buying a vehicle but monthly payments with insurance and truck and plow may have me working for peanuts....:confused:
     
  2. grandview

    grandview PlowSite Fanatic
    Messages: 14,609

    Their truck you work for them.
     
  3. Spucel

    Spucel Senior Member
    Messages: 413

    ^^^ what he said
     
  4. golfprojp

    golfprojp Junior Member
    Messages: 6

    Thanks guy's this is what I thought.
     
  5. golfprojp

    golfprojp Junior Member
    Messages: 6

    Spucel, is this a decent rate in our market...I will be working Lombard and Naperville area mostly.
     
  6. chevyman83

    chevyman83 Member
    Messages: 55

    ^^agreed. You drive their truck and they tell you when to work you are an employee. Their truck their insurance. As an employee you shouldn't have to do anything but show up and do as instructed.
     
  7. Spucel

    Spucel Senior Member
    Messages: 413

    Any experience?
     
  8. golfprojp

    golfprojp Junior Member
    Messages: 6

    I have plowed the golf course lots and few others but they are wide open, by no means the same as the residential apt complexs I will see this winter.
     
  9. Spucel

    Spucel Senior Member
    Messages: 413

    $20.00 a hour in someone elses truck in our market isnt bad at all. Thats what I pay my guy when Im at work.
     
  10. 32vld

    32vld Senior Member
    from LI, NY
    Messages: 620

    Their truck their insurance.
     
  11. White Gardens

    White Gardens 2000 Club Member
    Messages: 2,665

    Here's the kicker though, they want to pay his company, not him.

    Yes he doesn't need more insurance to run the truck, but he would still be considered a sub-contractor if he isn't on the payroll and gets a 1099 at the end of the year.

    So, he would be contracted labor driving their truck, but would still be his own boss. So ultimately he doesn't necessarily work for them.

    .....
     
  12. clark lawn

    clark lawn PlowSite.com Addict
    from NE ohio
    Messages: 1,233

    you really need to read labor laws on employee vs sub contractor before it ends up costing you alot of money.
     
  13. White Gardens

    White Gardens 2000 Club Member
    Messages: 2,665

    What do you mean. Anyone that works for me, that isn't a sub-contractor gets a W-4 and all taxes are taken out and paid.

    I don't play the " I'll just give my helper a 1099 at the end of the year " game as that has gotten people in a lot of trouble around here.

    ....
     
  14. second income

    second income Member
    Messages: 82

    They want to pay his "company" to save on workmans comp and gl if they are audited at the end of the year. So in order for that deal to work out, he will have to provide them with certificates showing same. If that in fact is the case then of course you would need more than $20.00 an hour. Take a 10-99 and be done with it it will be a lot less complicated./
     
    Last edited: Nov 14, 2011
  15. grandview

    grandview PlowSite Fanatic
    Messages: 14,609

    If he wants to pay games,just throw cash at him from the petty cash account.
     
  16. Plowtoy

    Plowtoy Senior Member
    Messages: 929

    If you dont have ownership in the equipment, you would be a sub, nomatter how you slice it IMO. Dont mess with the KGB, i mean IRS, they will win every timepayup
     
  17. second income

    second income Member
    Messages: 82

    Grandview has it right
     
  18. grandview

    grandview PlowSite Fanatic
    Messages: 14,609

    I think you might also do a casual labor thing to,but I think the limit is 600.00
     
  19. second income

    second income Member
    Messages: 82

    Casual labor will work out have the checks made out to a friend on occassion
     
  20. ladder6

    ladder6 Junior Member
    Messages: 29

    Cash is king! Why make the check out to your company? This means a 1099 that you must claim. Save time and effort and work out a deal for cash driving his truck. The rate is fair and I am sure it's a win-win for you both!