This year, the Texas Workforce Commission ("TWC") is aggressively auditing trucking companies over whether independent contractors are actually employees. We believe that the motivation arises out of the State's never-ending attempt to generate revenue to compensate for the increasing demands on its unemployment payouts.
The test the TWC uses to determine whether independent contractors are employees is one of 'control.' For instance, does the trucking company exercise too much control over its independent contractors? Does the trucking company control the independent contractors' route, timetables, and schedule? Does the independent contractor work for other companies as well? The Bassett Firm has learned that these questions, as well as others, are some of the key issues that are asked during an audit.
Mike H. Bassett is a Senior Partner at The Bassett Firm. Mr. Bassett's practice focuses on Insurance Defense, Transportation Litigation, Products liability, Premises Liability, and Employment Litigation. He received his B.B.A from the University of Texas El Paso in 1984 and his J.D. with distinction from St. Mary's School of Law in 1987. Mr. Bassett was voted a Texas Super Lawyer in 2006.