I just noticed today on my pay sub that my company deducted a fee for Accidental Occupational Insurance. I did not sign any papers for it, and i asked whats all about. They said that is the occupational accidental insurance and they will pay half and i am responsible for the other half , is that legal? Do I have to be responsible for it??? By my understanding the employer suppose to be responsible for it. What to do?
Occupational Accidental Insurance deduction out of my pay
Discussion in 'Report A BAD Trucking Company Here' started by rebel6013, Jan 14, 2012.
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Depends on what state your company is HQ'd and the WC laws they fall under.
What company? What state? -
If you are an employee they should be paying for workers comp insurance. Of course this depends on how many "employees" they have and the state laws where the company is based.
From the sounds of it they are planning on cosidering you a "contractor" rather than an employee which means they will not pay half the social security or medicare tax either.
Some companies try to declare drivers incependent contractors rather than employees which also means you will get a 1099 at the end of the year and will have to pay ALL the taxes due when you file. -
Sounds strange,I have it deducted out of my pay but I run an owner operator's tractor.He has it also.It's about $32.00 per week accidental disability but it is not workmans comp.
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If it's workers Comp then the employer is who should be paying for it.
Now you need to check and see if your are considered a "contractor" which means if you did NOT know that was how you were being paid and if they are NOT keeping taxes out of the pay then you really need to either give notice you are quitting OR go in and ask them what the hello is going on and be sure you have your pay stubs showing that no taxes of any kind were taken out.
IF they say you are a contractor ask to see the contract you supposedly signed OR the one you DID sign but they apparently threw papers in front of you and were saying to you sign here here here here here and snatched them before you could even read the first word. To any rookie coming out of that CDL mill and at your new home. DO NOT SIGN ANYTHING until you have read and understood it! Pass that around when you get to the motel the night before or as you all are waiting on the bus. Stand together on this. When it comes down to signing all that crapola for that job, you all stand firm on the "I want to read this book first before I sign it." IF they say we do not have the time then that's a sign you are about to get bent! It's a sign that what you are singning is NOT going to be in your favor but that BFI about to get you to drive their crapola and pay for the " privilege to do so!"
Anyway IF you are being paid as a contractor with a 1099 tax form then you will have to pay the taxes on your pay at the end of the year.
That is always a way for them to pull the bait and switch on you. IF they do not let you see the contract tell them you want your pay check and a stub showing where all your pay went and walk out the door. You will also have to pay that workers comp which is actually a ripoff by the gooberment because by the rules you can not fire yourself! Yes it will pay for your work related injuries and give you a pay check (not much or one but a little) but if you have your own policy AND a good disability policy like the one the duck pushes you are covered way better than that gooberment run policy! Take it from me. That policy WILL cover your arse when needed! I wish I had one when they told me that I had that C word! I wouldn't be flat broke now waiting for my stupid body to start marching to the same drummer! When needed that policy will save your arse in more ways than you think!
BUT anyway If they swindled you into a 1099 contract you MUST save your taxes and pay them quarterly. If not the IRS WILL charge you a fine for not doing it that way. Yes I know people that's a crock but it's the gooberment you're screwing with and besides you're in this to MAKE money NOT throw some of it to them because it's easier! You need an accountant close to home that knows how to do truckers taxes. Don't trust any of those big box tax places that crop up after new years! Keep copies of every piece of paper that crosses your fingers for your accountant.
If this company is doing you ok and like it then get the information you need so you are ready for the end of the year so you can file the proper forms and not be surprised when you find out that you need to write a not so small check to the IRS! You might not have that sitting in your checking account! Also, the interest the IRS will charge you if you do not have that money ready is like messing with a mafia loan shark and the IRS should be charged under the RICO act!
I would NOT stay with this BFI but find one that won't lie to you taht badly when in orientation! -
http://www.pacode.com/secure/data/034/chapter9/chap9toc.html
[SIZE=+1]§ 9.1. [/SIZE]Authorized deductions.
The following deductions from wages are authorized for the convenience of employes in accordance with the provisions of section 3 of the Wage Payment and Collection Law (43 P. S. § 260.3).
(1) Contributions to and recovery of overpayments under employe welfare and pension plans subject to the Federal Welfare and Pension Plans Disclosure Act (29 U.S.C.A. § 301 et seq.).
(2) Contributions authorized in writing by employes or under a collective bargaining agreement to employe welfare and pension plans not subject to the Federal Welfare and Pension Plans Disclosure Act (29 U.S.C.A. § 301 et seq.). These include group insurance plans, hospitalization insurance, life insurance, provided such insurance policies are written by companies certified by the Pennsylvania Insurance Department, and group hospitalization and medical service programs offered by nonprofit hospitalization and medical service organizations and medical group plans.
(3) Deductions authorized in writing for the recovery of overpayments to employe welfare and pension plans not subject to the Federal Welfare and Pension Plans Disclosure Act (29 U.S.C.A. § 301 et seq.).
(4) Deductions authorized in writing by employes or under a collective bargaining agreement for payments into the following:
(i) Company-operated thrift plans.
(ii) Stock option or stock purchase plans to buy securities of the employing or an affiliated corporation at market price or less provided such securities are listed on a stock exchange or are marketable over the counter.
(5) Deductions authorized in writing by employes for payment into employe personal savings accounts such as the following:
(i) Payments to a credit union.
(ii) Payments to a savings fund society, savings and loan, or building and loan association.
(iii) Payments to the savings department of banks for Christmas, vacation or other savings funds.
(iv) Payroll deductions for the purchase of United States Government bonds.
(6) Contributions authorized in writing by the employe for charitable purposes such as the United Community Fund and similar organizations.
(7) Contributions authorized in writing by the employe for local area development activities.
(8) Deductions provided by law, including but not limited to deductions for Old Age and Survivors Insurance (Social Security taxes), withholding of Federal or local income or wage taxes or occupation privilege taxes and deductions based on court orders.
(9) Labor organization dues, assessments and initiation fees, and such other labor organization charges as are authorized by law.
(10) Deductions for repayment to the employer of bona fide loans provided the employe authorizes such deductions in writing either at the time the loan is given him or subsequent to such loan.
(11) Deductions for purchases or replacements by the employe from the employer of goods, wares, merchandise, services, facilities, rent or similar items provided such deductions are authorized by the employe in writing or are authorized in a collective bargaining agreement.
(12) Deductions for purchases by the employe for his convenience of goods, wares, merchandise, services, facilities, rent or similar items from third parties not owned, affiliated or controlled directly or indirectly by the employer if the employe authorizes such deductions in writing. (13) Such other deductions authorized in writing by employes as in the discretion of the Department is proper and in conformity with the intent and purpose of the Wage Payment and Collection Law (43 P. S. § § 260.1260.12).
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