Q: Can a employer call a delivery driver an independent contractor to avoid having to pay ss tax and having workers comp ?
If the employer owns the delivery vehicle and assigns the driver where to deliver....Can a employer call a delivery driver an independent contractor to avoid having to pay social security taxes and having workers comp insurance? ...If the driver is not the vehicle owner ?
A:
An employer cannot designate and pay an employee as an independent contractor if the employee is legally considered an employee. The key issue in determining whether a person who performs work for another is an employee is the degree to which the "employer" controls the manner and means by which the work is performed. It is a very fact-specific inquiry. However, the fact that the employer owns the vehicle and directs the driver where to deliver both tend to weigh in favor of "employee" status.
Please give me a call at (213) 381-6557 or send me an email at ari@leichterlawfirm.com if you would like to discuss the matter further.
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