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Peno Trucking Inc. and Operator agree and understand
that Operator is not an employee or agent of Peno
Trucking Inc. Operator is an independent contractor and
Peno Trucking Inc. shall not direct in any manner the
means or method by which Operator shall perform his
occupation. Operator understands that Peno Trucking
Inc. from time to time contracts with other persons or
corporations, to transport goods via Peno Trucking Inc.
trucks and equipment. While not an employee of such
other persons or corporations, Operator shall, at all
times applicable hereto, work at the direction and
control of such persons or corporations.
Peno Trucking Inc. agrees to pay Operator at the
percentage of * * * per total gross pay per load.
Additionally, Peno Trucking Inc. shall be responsible
for all maintenance of Peno Trucking Inc. equipment,
all fuel, oil, tolls, permits, and road fuel taxes
incurred by Operator on such dispatched trips in Peno
Trucking Inc. equipment.
Operator agrees and understands that he is solely
responsible for payment of all income and withholding
taxes, Social Security and unemployment compensation.
In accordance with the terms of this agreement, Peno
Trucking Inc. will supply Operator with an IRS Form
1099 at the end of each calendar year.
Operator understands and agrees that he cannot
obligate, contract or incur any indebtedness on behalf
of Peno Trucking Inc.
Petitioner’s drivers were not obligated to accept
petitioner’s request to transport a load, to work on any
particular day, or work any particular schedule. If a driver
chose not to haul a load or work for a period of time, he or she
was not disciplined or sanctioned. Petitioner and the drivers
were entitled to terminate their relationship at any time.
Petitioner provided all necessary equipment required to
secure the cargo hauled on its trucks. However, petitioner’s
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Last modified: November 10, 2007