Arkansas Trucking Association

The Last Word

What's in a Name?

By Greg Jones, Guest Writer

So, is that driver your employee? Or maybe an independent contractor? And what’s the big deal anyways?

Well, it might not be a big deal in some respects. But if facing exposure for hourly wages, unemployment insurance taxes, and company benefits is critical to your company, then the “employee”/ “independent contractor” distinction is a big deal.

Unfortunately, in our industry the determination of driver status remains a rather murky and treacherous area. And that lack of legal predictability can serve as the wellspring for costly litigation, as exemplified by two Ninth Circuit Court of Appeals decisions issued Aug. 27, 2014. Both cases pitted FedEx Ground against FedEx delivery drivers in California and Oregon. The core issue was whether those drivers would be characterized as “employees” versus “independent contractors” under California and Oregon laws. If deemed to be “employees” (rather than “independent contractors” as their operating agreements with FedEx described them), then FedEx faced wide-ranging exposure for unpaid wages and company benefits.

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Arkansas Trucking Championship Honors Commitment to Safety

Up Front- Eager to Serve

Shannon Newton
President, ATA

My career in the trucking industry began with a successful flatbed carrier based in North Little Rock. I was 23, a recent UCA graduate and this was my first “real job.” I was, to say the least, eager; eager to prove valuable, to contribute to something greater, to be treated (finally) like an adult and to wear my new, grown-up clothes. On arrival I was issued a regulation cubicle and a photo ID. I had arrived.

A few months later a memo informed all employees that we would have “special guests” the following day. We were reminded to have our workspace neat and to adhere to the professional dress code. I had no idea who these visitors were, but I got the message loud and clear; they were valued by my employer.

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The Last Word

Not Backing Down: The Fight for Highway Funding

By Philip Byrd, Guest Writer

Congestion and gridlock are, unfortunately, a way of life for us in the trucking industry. Traffic delays add costs, waste fuel and time and generally make the job of delivering America’s goods challenging.

Gridlock and congestion have also seized up our government in Washington – delaying critical actions that could make the job of delivering America’s good easier.

First, in June the Senate appeared poised to make our highways safer by easing the restrictions on the use of the hours-of-service restart. The Senate Appropriations Committee – by a bipartisan 21-9 vote – adopted language proposed by Sen. Susan Collins (R-Maine) that would have lifted the restriction on using the restart more than once a week and the requirement that the restart include two periods between 1 and 5 a.m. for a year while the impact on safety were studied.

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