Independent Contractors * USA - ATA seeks more uniform definition
State trucking associations are reviewing the American Trucking Associations proposed model language that is hoped to lead to a more uniform definition of an independent contractor among states
USA -eTrucker, by Jill Dunn -10 Jan 2008: -- ... The effort began more than a year ago, said Robert Digges, ATA vice president and deputy general counsel... Not only do states differ in defining independent contractors, the definition often is a general one not specific to owner-operator truckers. “Bad case law” has ensued, Digges said... Recent years have seen an increase in owner-operators suing carriers, some successfully, to be reclassified from independent contractors to employees... The proposed language defines an independent contractor in the trucking industry as “an individual who owns or holds under a bona fide lease a motor vehicle which the individual leases to a motor carrier and who personally operates such leased equipment under a written agreement with the motor carrier that specifies that such operations involve an independent contractor relationship”... Fifteen to 18 states have definitions the ATA describes as good, especially Indiana...
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