- 5 - ATS employees hired the drivers and provided them orientation. Drivers who were hired to drive for Beech Trucking signed employment agreements, wherein they agreed they would drive equipment owned by Beech Trucking but would be the employees of ATS and would be paid by ATS. Petitioner had final authority to fire drivers who were hired to drive for Beech Trucking. ATS maintained all payroll records for the Beech Trucking drivers and issued their payroll checks, as well as their Forms W-2, Wage and Tax Statement. ATS paid workers’ compensation insurance for the drivers, who were also eligible to participate in a section 401(k) plan maintained by ATS. Each week, ATS would bill Beech Trucking for all the drivers’ expenses that ATS paid out, and Beech Trucking would write a check to ATS for the total payroll (including expense reimbursements), in addition to a service fee of undisclosed amount. Drivers’ Compensation and Per Diem Payments On long hauls, Beech Trucking drivers were paid at a specified rate for each mile dispatched, as determined by ATS employees using the Rand McNally Mileage Maker, a guide indicating mileage between selected points. During the years at issue, the drivers were paid between 24 and 26 cents per mile. Of this amount, 6.5 cents was designated as a per diem travelPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011