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Ground Contractor Issues Relating to Express
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<blockquote data-quote="Ricochet1a" data-source="post: 546963" data-attributes="member: 22880"><p><span style="font-family: 'Calibri'"><span style="font-size: 12px">Let me add this then regarding independent contractors. Independent Contractors by their “nature” perform their services for a variety of businesses/customers. The “independent” status is a recognition that a permanent single customer/contractor relationship doesn’t exists. If a contractor performs their service exclusively for a single business/customer, then they are not independent in the pursuit of their business, and therefore aren’t independent contractors (more like “dependent contractors”…). </span></span></p><p> </p><p><span style="font-family: 'Calibri'"><span style="font-size: 12px">So let me ask you this bbsam, how many other companies that need to have packages delivered do you provide your services to? Do you contract with a local courier service, to deliver their packages? Do you contract with DHL to provide cartage agent service for their international shipments into the US? Do you contract with a local dairy to provide delivery of their products to customers that happen to be located along the routes of your helpers (two deliveries for the cost of one so to say)? I ask these questions knowing that you may indeed be able to answer in the affirmative to at least one. </span></span></p><p> </p><p><span style="font-family: 'Calibri'"><span style="font-size: 12px">Are your helpers required to wear FedEx clothing, or are they able to wear uniforms that have your “company” logo on them?</span></span></p><p> </p><p><span style="font-family: 'Calibri'"><span style="font-size: 12px">Do your helpers have to use FedEx standards of service when they have interactions with the businesses/customers for which you are acting as an agent of FedEx? Are your helpers required to attend any FedEx “training” as taught by an employee of FedEx?</span></span></p><p> </p><p><span style="font-family: 'Calibri'"><span style="font-size: 12px">Do you have complete discretion to purchase the vehicles necessary to carry out your business without restriction by FedEx, or does FedEx place requirements upon the types and capabilities of vehicles that you purchase for use in the execution of your business?</span></span></p><p> </p><p><span style="font-size: 12px"><span style="font-family: 'Calibri'">Do you have regular assignments of routes for your helpers, or do you assign routes without regard to whether or not they’ve run that route in the past? </span></span></p><p> </p><p><span style="font-size: 12px"><span style="font-family: 'Calibri'">You stated that: “<span style="color: #231a0c"><span style="font-family: 'Tahoma'">the degree to which the company "control" the actions of a contractor has diminished and at least in our terminal never really existed.” This tells me that the company did have a high degree of control until recently, and relaxed that control in order to preserve the pretense of the independent contractor model. I specifically have used generalities regarding the classification of contracting to avoid getting into a highly detailed discussion of contract law (which serves no purpose on this forum). </span></span></span></span></p><p> </p><p><span style="color: #231a0c"><span style="font-family: 'Tahoma'"><span style="font-size: 12px"><span style="font-family: 'Calibri'">As for “slowly” replacing employee Couriers with “independent contractor” Couriers within Express… No court in this country would allow a company to have a situation where employees and independent contractors were doing the exact same task, working side by side for the same employer. Wouldn’t happen... If this were so, Fred could bring in Ground drivers right now into Express to perform Courier functions, but maintain their “independent contractor” status. In the eventuality of an Express strike, Fred would bring in Ground drivers where necessary, BUT they would be given temporary employee status if they operated Express equipment. </span></span></span></span></p><p> </p><p><span style="color: #231a0c"><span style="font-family: 'Tahoma'"><span style="color: #231a0c"><span style="font-family: 'Calibri'">Let me ask you these questions. How much do you pay your helpers in wages per hour? What kind of benefits do you extend to them? What is the average number of hours a week your helpers work for you? Do your helpers consider their work for you a “career”, or work which they perform until they can find something better. What is the average length of employment of your helpers with you? </span></span></span></span></p></blockquote><p></p>
[QUOTE="Ricochet1a, post: 546963, member: 22880"] [FONT=Calibri][SIZE=3]Let me add this then regarding independent contractors. Independent Contractors by their “nature” perform their services for a variety of businesses/customers. The “independent” status is a recognition that a permanent single customer/contractor relationship doesn’t exists. If a contractor performs their service exclusively for a single business/customer, then they are not independent in the pursuit of their business, and therefore aren’t independent contractors (more like “dependent contractors”…). [/SIZE][/FONT] [FONT=Calibri][SIZE=3] [/SIZE][/FONT] [FONT=Calibri][SIZE=3]So let me ask you this bbsam, how many other companies that need to have packages delivered do you provide your services to? Do you contract with a local courier service, to deliver their packages? Do you contract with DHL to provide cartage agent service for their international shipments into the US? Do you contract with a local dairy to provide delivery of their products to customers that happen to be located along the routes of your helpers (two deliveries for the cost of one so to say)? I ask these questions knowing that you may indeed be able to answer in the affirmative to at least one. [/SIZE][/FONT] [FONT=Calibri][SIZE=3] [/SIZE][/FONT] [FONT=Calibri][SIZE=3]Are your helpers required to wear FedEx clothing, or are they able to wear uniforms that have your “company” logo on them?[/SIZE][/FONT] [FONT=Calibri][SIZE=3] [/SIZE][/FONT] [FONT=Calibri][SIZE=3]Do your helpers have to use FedEx standards of service when they have interactions with the businesses/customers for which you are acting as an agent of FedEx? Are your helpers required to attend any FedEx “training” as taught by an employee of FedEx?[/SIZE][/FONT] [FONT=Calibri][SIZE=3] [/SIZE][/FONT] [FONT=Calibri][SIZE=3]Do you have complete discretion to purchase the vehicles necessary to carry out your business without restriction by FedEx, or does FedEx place requirements upon the types and capabilities of vehicles that you purchase for use in the execution of your business?[/SIZE][/FONT] [FONT=Calibri][SIZE=3] [/SIZE][/FONT] [SIZE=3][FONT=Calibri]Do you have regular assignments of routes for your helpers, or do you assign routes without regard to whether or not they’ve run that route in the past? [/FONT][/SIZE] [FONT=Calibri][SIZE=3] [/SIZE][/FONT] [SIZE=3][FONT=Calibri]You stated that: “[COLOR=#231a0c][FONT=Tahoma]the degree to which the company "control" the actions of a contractor has diminished and at least in our terminal never really existed.” This tells me that the company did have a high degree of control until recently, and relaxed that control in order to preserve the pretense of the independent contractor model. I specifically have used generalities regarding the classification of contracting to avoid getting into a highly detailed discussion of contract law (which serves no purpose on this forum). [/FONT][/COLOR][/FONT][/SIZE] [COLOR=#231a0c][FONT=Tahoma][FONT=Calibri][SIZE=3] [/SIZE][/FONT][/FONT][/COLOR] [COLOR=#231a0c][FONT=Tahoma][SIZE=3][FONT=Calibri]As for “slowly” replacing employee Couriers with “independent contractor” Couriers within Express… No court in this country would allow a company to have a situation where employees and independent contractors were doing the exact same task, working side by side for the same employer. Wouldn’t happen... If this were so, Fred could bring in Ground drivers right now into Express to perform Courier functions, but maintain their “independent contractor” status. In the eventuality of an Express strike, Fred would bring in Ground drivers where necessary, BUT they would be given temporary employee status if they operated Express equipment. [/FONT][/SIZE][/FONT][/COLOR] [COLOR=#231a0c][FONT=Tahoma][FONT=Calibri][SIZE=3] [/SIZE][/FONT][/FONT][/COLOR] [COLOR=#231a0c][FONT=Tahoma][COLOR=#231a0c][FONT=Calibri]Let me ask you these questions. How much do you pay your helpers in wages per hour? What kind of benefits do you extend to them? What is the average number of hours a week your helpers work for you? Do your helpers consider their work for you a “career”, or work which they perform until they can find something better. What is the average length of employment of your helpers with you? [/FONT][/COLOR][/FONT][/COLOR] [/QUOTE]
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