A for-hire trucking company that operates in certain areas or has the right permits is not considered the boss (employer) of an independent truck owner who leases to them, or of a driver paid by that truck owner. This rule does not apply to nonprofit organizations or government agencies.
287.041. not an employer of a — definition. — any of sections 287.030 and 287.040, for purposes of this law, in no event shall a for-hire motor carrier operating within a as defined in section 360.041* or section 390.020 or operating under a issued by the Missouri of transportation or by the United States Department of Transportation, or its subagencies, be determined to be the employer of a lessor, as defined at 49 C.F.R. Section 376.2(f), or of a driver receiving from a lessor, as defined at 49 C.F.R. Section 376.2(f), provided, however, the term "for-hire motor carrier" shall in no event include an organization described in Section 501(c)(3) of the Internal Revenue Code or any .
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Source & history notes
(L. 2005 S.B. 1 & 130) *Section 360.041 does not exist.
Related Missouri laws
Liability of employer
RSMo 287.040
Abrogation of case law regarding definition of owner
RSMo 287.043
Member of limited liability company to receive coverage, rejection of coverage, rescission of rejection
RSMo 287.037
Partners, sole proprietors may elect to receive benefits for themselves
RSMo 287.035
Employer defined
RSMo 287.030
Employers and employees affected by this act
RSMo 287.060
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.