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Should I Hire My Truck Drivers as Employees or Contractors?

In the realm of the trucking industry, one pivotal decision that business owners must make is whether to bring drivers on board as employees or contractors. This decision reverberates throughout the company and can significantly impact both the drivers and the overall business operations. To make the best choice, it’s essential to delve into the differences between employees and contractors, weigh the pros and cons of each arrangement, consider the distinct pay structures under W-2 and 1099 classifications, and understand the scenarios that warrant opting for either an employee or a contractor.

What is the Difference Between an Employee and a Contractor?

ARTICLE: Can I Pay My Truck Drivers by 1099 or Do I Have to Pay by W-2?

Well, it’s more than just taxes. With employees, you have control and the final say. You are also in charge of the equipment, the trucks, loads, routes, and so on. 

The IRS defines an employee as “anyone who performs services for you… if you can control what will be done and how it will be done. This is so even when you give the employee freedom of action.”

With an independent contractor, you lose that control. They own their own truck, and you can tell them the load needs to get from A to B, but you can’t tell them which route to take. 

The IRS defines an independent contractor as “a worker for whom the payer has the right to control or direct only the result of the work and not what will be done and how it will be done.”

If you hire employees, you will need to pay for benefit packages, overtime pay, and worker’s compensation insurance. 

An independent contractor is classified as a self-employed individual. They can also be classified as individuals who are employed through another entity such as an outside vendor. This means that they are responsible for paying their own taxes, unlike employees who you would split the tax burden with. 

Distinguishing Pay Structures: W-2 vs. 1099

The difference in pay structures between employees (W-2) and contractors (1099) is a key consideration. Employees receive regular wages, typically hourly or salaried, with taxes withheld by the company and benefits provided. Contractors are usually compensated based on load revenue percentages or flat per-mile rates and are responsible for their own taxes.

Pros of Hiring Truck Drivers as Employees:

Top 3 Advantages of Paying Truck Drivers W-2 Instead of 1099

Loyalty and Commitment: Employees tend to be more dedicated and loyal to the company’s success.

Control: You have more control over schedules, work processes, and quality of work.

Stability: Employees provide a consistent and stable workforce for your operations.

Team Bonding: Employees contribute to a sense of team bonding and company culture.

Cons of Hiring Truck Drivers as Employees:

Financial Responsibility: You bear the burden of payroll taxes, benefits, and potentially workers’ compensation costs.

Regulations and Compliance: Managing employee-related compliance and labor laws can be complex and time-consuming.

Administrative Burden: Handling administrative tasks like payroll, benefits, and tax withholding adds to workload.

Inflexibility: Employees might have less flexibility in terms of their working arrangements.

ARTICLE: What If My Driver Doesn't Want to Switch From 1099 to W-2?

Understanding these pros and cons will help you make an informed decision on whether hiring truck drivers as employees aligns with the needs and goals of your trucking business.

Pros of Hiring Truck Drivers as Contractors:

Own Equipment: Contractors often come with their own trucks and equipment, reducing your investment.

Expertise: Contractors usually have established skills and experience, requiring less training.

Flexibility: Contractors offer the flexibility to adjust your workforce based on demand fluctuations.

Potential Cost Savings: You don’t need to manage payroll taxes and benefits for contractors, potentially saving money.

ARTICLE: Top 2 Advantages of Paying 1099

Cons of Hiring Truck Drivers as Contractors:

Limited Control: Contractors might have more independence in their schedules and work methods.

Legal Complexity: The classification of contractors can be legally complex, with potential misclassification risks.

Loyalty and Commitment: Contractors may not have the same loyalty and long-term commitment as employees.

Potential Culture Impact: Hiring more contractors could impact your company’s culture and relationships with drivers.

Misclassification Risk: Misclassifying workers as contractors when they should be employees can lead to legal and financial consequences.

Weighing these pros and cons will help you make an informed decision about whether hiring truck drivers as contractors is the right choice for your trucking business.

Why Would You Hire an Employee?

Short answer? It’s the law. 

 

In the eyes of the IRS, employees and contractors are not interchangeable. They both have their own legal classification. If you hire someone as a contractor and they should be an employee, you can get in serious trouble. You will be penalized and subjected to retroactive payroll taxes along with other costs. The fees and other costs for a single employee are enough to put a small trucking company out of business.

ARTICLE: The Three Most Likely Ways That Paying 1099 Instead of W-2 Will Get Your Trucking Company in Trouble

So Do You Need to Hire an Employee or an Independent Contractor?

You will need to ask yourself a lot of questions about what you will need from them. Who’s the equipment they are using, are you in control of how the worker does the job, and so much more. 

Now I’m sure you are thinking ‘what are the other questions?’ I’m so glad you asked! Let’s head on over to the IRS 20 factor test.

Please remember, it’s not up to the driver when it comes to how they are classified. Even if they sign a contract saying it’s what they want. If they should be an employee and you are found out, that piece of paper is worthless. 

Disclaimer: This article is meant to be a general overview. Consult your attorney before you make any decision to ensure that you are following local laws. 

Written by Mike Ritzema

Before founding Superior Trucking Payroll Service, Mike was the CFO of a trucking company with 80 trucks and a thriving brokerage. This experience gave him the perspective that a payroll solution has to make the lives of the office people better.  All the solutions he has designed are to benefit everyone.  Our company mission is to help trucking families and that includes the company owners, the drivers, and the office.

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