indepen contr. vs. employee for limo driver

[fistdog]

What is the name of your state?What is the name of your state?What is the name of your state? nj

I recently was hired as a limo driver and know nothing about the industry or whether or not I am legally an independent contractor (IC) or employee(E). My boss said he hired me as an IC, and I'd have to pay taxes, but from what I've read, it looks like Im an employee. He owns the car and I pay no expenses - he covers gas, car repairs, car washes - everything. He pays me every week based on the jobs I do, not an hourly wage. He emails me my jobs the night before. I work six days, and if I need a morning off to do something, I can do it. It's pretty loose. I just don't want to get screwed and want to know how to proceed, where I stand, and how I would find out my correct classification. Do I pay taxes quarterly? Do i have to pay anything else. What if I get into a car accident? Does his insurance cover me? Those types of things

Any info would be helpful.

Thanks - Sam

 

[Beth3]

Making the determination as to whether an individual may be properly classified as an independent contractor rather than an employee is a rather complicated matter. There is no one simple "test" to determine that. Rather there are three separate sets of criteria that must be met.

A good place to start is to contact your State's Department of Labor and the IRS. You are right to be concerned about this, especially as it relates to insurance. If you are in fact an IC, you are NOT covered by any worker's compensation insurance your employer may have. At a minimum, you certainly should ask the boss about his business liability insurance and whether your medical bills would be covered if you are involved in an accident. I'm sure the car would be covered but how about you??? You should also check with your own insurance agent to see whether your auto insurance would cover you.