I really hate this statement. So many people just sum up that what a company has to pay is a write off. Companies do not want write offs. Too many write offs just mean you lose money - who wants to do that?
Sorry, but every time I hear this statement it sets me off.
Yes, as a company who chooses to avoid DRIVER INC., I am frustrated that I have to spend more money to do things properly instead of taking the grey area and hope I don't get audited. More enforcement of all laws will level out the playing field. That is what laws are for. In fact, hire me and I'll have a methodology to identify all trucking companies who are not paying their employees properly. It's fairly simple, if your year end return has fuel expense, your gross wages will be very close to that number. If your PD7 returns do not represent the fraction of that number you're up next for an audit.
The construction industry has battled with this exact scenario for decades. A guy shows up with a hammer and he is all of a sudden an independent contractor who gets paid as Contractor Inc. They have found ways to thwart that in the construction industry, why can they not do it here.