I drive flatbed for a small local company and have been in an ongoing battle about the "fuel-surcharge" and I need information. The employer has been charging me a 25% fuel-surcharge off the top of every load I do, which I've told him it's not legal. I am looking to recoup the money he has taken from me during the last 4 months, as I'm an employee and not an independent contractor, as he keeps trying to label me. I drive his vehicle, get a steady paycheck, his dispatcher books my loads, so I'm an employee! I'm frustrated due to his unwillingness to comply, so I'm seeking legal recourse. Will my fellow truckers lead me in the right direction, please.
What Legal Grounds Do I Have?
Discussion in 'Experienced Truckers' Advice' started by terrancemayes, Dec 22, 2014.
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With him owning the trk. He pays the fuel right?
Then he can take that off the gross money of the ld.
What did your contract say about pay to you?
Did it say you get a percentage of the trk. gross or net?
My opinion you have no legal grounds to recoup those funds, unless your pay contract says you get paid off the trk. gross.. -
I have a similar situation, but my perspective is much different than yours. I asked a simple question about it and I got utterly flamed.
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if its not your truck why are you getting paid any fuel surcharge at all?
Flybynight041, G.Anthony, Rooster903 and 4 others Thank this. -
the only way you are entitled to fuel surcharge, is if YOU pay for the fuel. if not, then you have no right to it
Tonythetruckerdude, Rooster903, Joetro and 2 others Thank this. -
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The contract says that I am an independent contractor, which I am not, so the contract is null in the state of Texas. I'm an employee. My contract says that I get paid 30%, but it does not specify from the gross nor after fuel surcharge.
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Last edited: Dec 22, 2014
mnmover and Tonythetruckerdude Thank this. -
The way I read it is: the OWNER is charging the COMPANY DRIVER 25% of the fuel cost........
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Giggles the Original Thanks this.
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