I am a contractor with Synergy RV transport which is owned by Patrick Industries. Synergy is a dispatching service for Keystone and Forrest Rivers Manufacturers (of RVs). We have regrettably never been given a copy of our contract. We were given a substantial notebook with our rights and responsibilities. When I requested a copy of the contract I was asked why I needed it and I replied that I wanted it for my records and I was told that I should have asked for it at the time I signed. I apologized and agreed that I should have but would still like it now. My request was ignored and no further communication has been forthcoming.

In my notebook it is clearly outlined that there would be no forced dispatches, dispatched would be on a first come first served basis. This has changed dramatically. Less than 5% of all available trailers are put up on the board for selection. It is unclear how the matrix works but it is implied you scratch my back I will scratch yours. For an example if I work at a reduced rate for a yardmaster he will notify me of available trailers so I can request them. This puts me at a disadvantage because I don't know the rate of these trailers until they are awarded to me and it never compensates me for the loss of time working at the lower rate. Furthermore the company dispatchers have favorites-so trailers can become available, I can learn about them and request them but be refused dispatch because the dispatcher is saving the trailer for a favorite.

I also have an issue where I will refuse a trailer (usually because the reward of delivery isn't enough for the work involved) but they will call my husband who will accept the trailer on my behalf. I have finally gotten through to my husband to not do this but the dispatcher still call him and pressure him - he also is contracted with them but hasn't been pulling trailers due to working full time for the Railroad-he wants to stay on when he retires so they use this as leverage to pressure him into accepting work for me.

There is times when I make a delivery where the dealership dinks me around and causes me to spend more time on the delivery than necessary. According to my notebook I am supposed to be compensated by the dealership for my time at an hourly rate-however it has to be requested by Synergy and Synergy refuses to request compensation for me.

Several times I have made deliveries where I earned under minimum wage because the dealership caused me to work extra hours for the delivery.

I have no say in the rate I am paid. When I began I was paid $1.85 a mile for domestic deliveries and $2.10 for foreign deliveries. I am now making $1.58 per mile for domestic and $1.65 for foreign.

I have tried to communicate my frustration with the company but I never get a reply.

Through the grapevine I am told just to quit but this doesn't resolve the clearly unreasonable business practices of the companies. I do not rely upon my income but most of the drivers do.

Anyway I'm trying to wrap my head around how to begin protecting myself and other drivers. Would it be wisest to file a complaint with the department of labor?

Maybe @ GTOMike87 for a more informed discussion?

He is an RV salesman as he state in the RV and Campgrounds forum.

The day after you contact the department of labor, please have a coworker or two also do the same. I’ll bet everyone gets a copy of the contract and back pay. Hopefully the state takes the company by the ear out behind the woodshed for an attitude adjustment.

IIRC from another thread you are a contractor not a direct hire employee.  The Department of Labor can't help contractors.  Your recourse is to get a copy of your contract, find where the company is in breach, and send a demand letter or sue them for underpayment if in fact they have.

I don't know if that is true, when I was a sub contractor the company I was contracted under was brought up (not sure the terminology) for paying less than minimum wage.  I believe I fit every definition of a subcontractor because the contract of my wage is negotiated between my parent company and the manufacturer.  Since my only say in my wage is whether I accept it or quit I think they are liable to paying minimum wage.  If I agreed to a wage under minimum wage- that would be different.  Anyway, I know drivers similar to me have petitioned the department of labor before and won.  Though it has never ended well for the drivers who file suit.  Currently I haven't worked for several weeks because the pay is just too low.  I will probably be deleased soon.

The real question is,  are you a contractor or are you an employee.

Do you regularly truck and are you free to truck for other companies?

Can you set your own rates and negotiate your own fees?

Can you refuse freight?

Do you have your own business location?

Can you materially invest in your business?

These are activities a contractor controls. If you cannot do these things because the company has specifically limited your ability to do so, you may actually be an employee and the labor department might be interested.

It sounds like you are at least highly limited in a couple of those areas.

Do you get a 1099 or W2 for your taxes?

Do you regularly truck and are you free to truck for other companies?
There has been a sharp decline in the amount of work available - currently any work available to me I have declined because the rate is so low and I own my own truck outright-so my cost is lower than average. . I cannot haul for another company. Synergy leases my truck from me and carries unlaided insurance on what I pull.


Can you materially invest in your business?

No

Do you have your own business location?
No

Can you refuse freight?
Yes-those they pressure me and often pressure my husband to accept work for me. They no longer list assignments on the board so I can request work or know what the pay is.

Can you set your own rates and negotiate your own fees?


No the manufacturer sets the rates it will pay-I have no idea what that is or how much Synergy skims off the top for its needs but they get paid by the manufacturer-then they pay me for the work. I believe this is why I qualify as a subcontractor. They pay me for the work-they are contracted to perform.

I have work available to me but the rate is so low I have been refusing it. I cannot haul for another company. Synergy leases my truck from me and carries unlaided insurance on what I pull.

I receive a 1099NEC

https://www.irs.gov/forms-pubs/about-form-1099-nec is a 1099 for Non Employee Compensation.  You are a sole proprietor business owner.

If you're getting minimum wage or less I don't see how that can cover your truck's liability insurance and any maintenance or repairs long-term, unless that's what you're making after those expenses.  Your legal options are to renegotiate your contract, find a company willing to pay more for your services, or sell the truck and work as a direct-hire driver for an employer.

Also tell the company to stop contacting your husband unless they can point out in your contract where it states that he is authorized to accept loads on your behalf.

Under those circumstances, the state department of labor would probably view you as an employee and not a contractor. They would more than likely step on the company's neck over what's going on.

That's what I think too. I just worry that my one complaint would raise any alarms. The company has a tight rein on drivers unifying and communicating. It's very strange. Like I can ask for gate codes on our Facebook forum without raising any eyebrows (which is a huge security violation) but if I ask for feelers on other drivers thoughts on rates or treatment I will get locked out of the system. The nature of my work keeps me isolated from other drivers and the company does not want any unionization going on.

On a per run or like monthly basis?
That makes the whole thing sound even odder from a contract vs employee question.
Keeps you from accepting other work by controlling your means to rather then prohibiting you from.

Yes I don't think I actually am anything which is probably wise. There agreement is with my truck.