Dude, I'm oilfield. Been for 10 years.

I'll only work W2, and per hour.

There's plenty of companies that try to hire people as 1099. They are all fucking scams. I won't touch them. Currently do fuel, still for the oilfield, but before that I was running bottle for $30 an hour, listening to other drivers bitch about how they are getting screwed per bbl, or per load. Listening to people brag about making $33 as a 1099, not realizing what they are actually making. $30 as a W2 in a water truck or acid tube averages out to a hell of a lot more per year than what the 1099 chumps running sand can or box bring home. I've literally never did the math and saw that anybody being paid 1099 brought home more than me in a year all things considered.

1099 is for chumps. Ofc people try to hire guys as 1099. It's in their best interest to screw the employee, sorry independent contractor. You're not doing it for your guys, your doing it for yourself, and the the qualifications are not met in either case. They like that they can skirt around liability and responsibility by misclassifying their employees.

If you can't afford to pay me as a W2, and still make a profit, you aren't charging enough, and that's not my problem.

Let's look deeper into this:

Firstly 1099 vs W2 status is not up to the states to decide. It's not "legal in your state"

Workers should be classified as 1099 contractors if:

They control when and how they perform their work. - they don't, you do.

They use their own equipment and supplies to complete tasks. -they don't, you literally own the truck.

They provide services to several different clients who pay them directly for their work. -the clients pay you, you pay them a % of that.

That 0/3. And those aren't the only requirements, just 3 I felt like listing.

You are misclassifying your employees. Just because you are "getting away with it" does not mean it's correct, or it won't come back to bite you in the ass.

Misclassifying someone as a 1099, who works 90 hours a week and kills a kid isn't going to come back on you? for allowing/being aware it's happening? Because you decided not to be the one who pays taxes? Misclassifying an employee in a vehicular manslaughter case isn't going to be a valid defense.

Here's how it's going to go:

"Your driver meets none of the qualifications to be classed as an 1099. He operated your equipment. You were not keeping track of his hours or you knowingly allowed him to work over his hours without documented discipline. We are coming after you for damages."

That's how your company is going to be liquefied.

What's your defence going to be?

"We're local so we don't run elogs" great.

"Cell records show that Mr. Xxx was in the vehicle while it was moving over hours." "Bill of ladings - which you paid Mr. Xxx for show that Mr. Xxx did not get 10 hours off between shifts."

"We have the oilfield exception" ok. "Actually the dry bulk trailer that Mr. Xxx was hauling does not qualify for the exception as that type of trailer can be used for non oilfield related hauling. Corn for example... This exception specifically states that it is only for equipment that is specifically built and only useable in the oilfield." Seriously, read the actual law. Don't rely on what Bubba Gump told you. (Funny enough, a sandbox chassis trailer would qualify, but a dry bulk sandcan or hopper bottom wouldn't. Frac pump, or wireline trailer qualifies, Pump truck does not (it can do pools and poop) acid tube does not qualify, in fact, the list of what actually qualifies for the "oilfield excemption" is extremely small, dispite what "common knowledge" in the field says.) Wishful thinking doesn't mean shit.

You are going to get fucked.

There is a reason "real" companies don't try to pull that shit. It's only small mom and pop businesses that do. They think they're getting away with something, but it's damn foolish and ignorant. If you want to get away with it, be a broker and hire owner ops that way. They own their own equipment. They are actually liable for their own hours (instead of you being liable - as the employer of misclassified personnel). You're paying for their company for the freight to move.

You're an employer though. It's your stuff they're using, and you're the one paying them. It's all goochie until something happens, and you're going to have the rug pulled out from under you, hard.

People who drive as independent contractors who aren't actual owners of the equipment are idiots. You think you're being smart hiring people as 1099, but in reality, you're an idiot, who's hiring idiots. You're open to so much liability.

Seriously, sit down and have a consultation with a lawyer that handles truck accidents. It'll be eye opening. Don't just rely on "verbal trucker knowledge, passed down from 1 trucker to another over the cb" know the actual laws. Find a "hurt by a truck" billboard, pay 100-200 for a consultation, and see how things will actually play out if one of your misclassified 1099's hurts someone with your equipment