Delivery Drivers Sue For Reimbursement of Expenses

There has been a lot of movement in California in regards to who is and who isn’t an independent contractor. By companies using “independant contrators” they sidestep the issue of compliance in a lot of areas. It all boils down to who is the overlying carrier, what authority is the Independant Contractor operating under, what is in the lease agreement between the 2 parties. Because the vehicles/drivers are in California, there are specific regulations in place which aren’t in other states-for example, depending on what type of vehicle being operated they might have to be in the CHP Biennial Terminal of Inspection program (BIT). They have to have a motor carrier property permit and a CA number. I have done work in this area before in civil ligitation as to who is really responsible for compliance as to overlying carrier or a true independant contractor. Mileage reimbursement rates are usually spelled in the contract between 2 parties. 2015 reimbursement rate is 57.5 cents per mile for business miles driven, up from 56 cents in 2014. Also in the contract should be speeled out who is responsible for vehicle maintenance as well as who pays for it. Expenses need to be covered, such as insurance, registration, permits, fuel, lubrication, tires, breakdowns, brakes, etc. California also requires several rest periods/lunch brakes during the day per the Labor Code. I have done Mock D.O.T. and CHP BIT audits that determined overlying carrier and responsibility in civil litigation.