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  1. #1
    Bobtail Member
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    Getting paid percentage?

    Im a company driver for a 30+ truck operation.
    I get 25% of the load im told.
    They do not give a percentage breakdown on my paychecks is this legal?


  2. #2
    Gone, but NEVER forgotten
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    Did you sign an agreement? What did it say?

    If you don't like your job, why wouldn't you look for another one? Legal or not, will causing a fuss improve your situation?

    I don't know of any laws that dictate anything on this.

    Do you get taxes withheld?

  3. #3
    Light Load Member mustang190's Avatar
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    I use to just ask the broker when I was being paid percentage.

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    As far as I know there are no laws or regulations which regulate how any carrier reports their pay to drivers who work percentage. I pay percentage to my drivers and always break it down so the drivers can see the gross and how their pay is calculated. Any are free to see the rate confirmation on any load. All they need do is ask. They can also speak with the shipper or broker. Any carrier who pays percentage should make all rate information available to the driver. If a driver is paid a flat rate or mileage, then there is no reason for the driver to see any of the rate information.

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  6. #5
    Bobtail Member
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    No agreement was signed.
    Yes taxes are taken out.
    Thank you for the reply's!
    I feel the truck gross is more then what im told on average.
    And G/MAN your absolutely right and that info is a big secret over here!

    I'm currently looking for something better.
    Thanks again!

  7. #6
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    Quote Originally Posted by OffTheChains View Post
    Im a company driver for a 30+ truck operation.
    I get 25% of the load im told.
    They do not give a percentage breakdown on my paychecks is this legal?
    Look, you work for a small carrier so it is very likely all you need to do is ask for what is paid to the truck. It's very unlikely that they made you sign some goofy waiver denying you to see the books for your truck.

    If however, they do deny you a look at them. Then, I would suspect something is up, and I would do this:

    I'd get loaded(when you have a load on you have a little more importance to them) then head for the nearest truck stop.

    Park, then call them for a fax of a breakdown of what the truck made for your last pay period. Tell them that the truck doesn't move until it's received. If they still refuse, tell them the load will not be delivered at all.
    Quit the job and move to an honest company.

    Keep in mind that being paid by % isn't such a bad thing in general. As, companies are always trying to get more for the truck per load/mile. Of course, if the companies isn't being honest with you about what the truck is making, it makes this point moot.

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  9. #7
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    I find that it is best to have drivers sign a contract or agreement. Everything should be outlined in the agreement which lists how and when the driver is to be paid and anything else that may be pertinent to the relationship. Putting everything in writing for both parties to view can eliminate a lot of misunderstandings. Before a driver accepts a load I tell him what it pays. There is no need to make anything a big secret.

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  11. #8
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    Quote Originally Posted by shredfit1 View Post
    Look, you work for a small carrier so it is very likely all you need to do is ask for what is paid to the truck. It's very unlikely that they made you sign some goofy waiver denying you to see the books for your truck.

    If however, they do deny you a look at them. Then, I would suspect something is up, and I would do this:

    I'd get loaded(when you have a load on you have a little more importance to them) then head for the nearest truck stop.

    Park, then call them for a fax of a breakdown of what the truck made for your last pay period. Tell them that the truck doesn't move until it's received. If they still refuse, tell them the load will not be delivered at all.
    Quit the job and move to an honest company.

    Keep in mind that being paid by % isn't such a bad thing in general. As, companies are always trying to get more for the truck per load/mile. Of course, if the companies isn't being honest with you about what the truck is making, it makes this point moot.
    That has got to be some of the WORST advice I've ever seen given to a person. Abandoning a loaded truck in an unsecured location is one of the quickest ways to see yourself severely limited in your options in this industry.

    As for the OP, the only way a carrier is legally obligated to disclose their rates to you is if you are an O/O leased on with them and you work for percentage. The truth in leasing laws don't cover company drivers.

    376.12 Written lease requirements.
    (g) Copies of freight bill or other form of freight documentation. When a lessor's revenue is based on a percentage of the gross revenue for a shipment, the lease must specify that the authorized carrier will give the lessor, before or at the time of settlement, a copy of the rated freight bill or a computer-generated document containing the same information, or, in the case of contract carriers, any other form of documentation actually used for a shipment containing the same information that would appear on a rated freight bill. When a computer-generated document is provided, the lease will permit lessor to view, during normal business hours, a copy of any actual document underlying the computer-generated document. Regardless of the method of compensation, the lease must permit lessor to examine copies of the carrier's tariff or, in the case of contract carriers, other documents from which rates and charges are computed, provided that where rates and charges are computed from a contract of a contract carrier, only those portions of the contract containing the same information that would appear on a rated freight bill need be disclosed. The authorized carrier may delete the names of shippers and consignees shown on the freight bill or other form of documentation.

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  13. #9
    Road Train Member
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    Quote Originally Posted by Pedigreed Bulldog View Post
    That has got to be some of the WORST advice I've ever seen given to a person. Abandoning a loaded truck in an unsecured location is one of the quickest ways to see yourself severely limited in your options in this industry.

    As for the OP, the only way a carrier is legally obligated to disclose their rates to you is if you are an O/O leased on with them and you work for percentage. The truth in leasing laws don't cover company drivers.

    376.12 Written lease requirements.
    Who said anything about abandoning the loaded truck? Your using the loaded truck as leverage to get the information you need to see if your being treated fairly. Assuming the load has a derlivery time frame...most do.

    Years ago, I used, and know others who have used this tactic to great effect. I have personally found that the bosses that are out to stick it to you... are the first to fold when they think your gonna cost them $$$. AND small carriers such as this cannot afford and don't use DAC. In fact, a friend used this tactic just a few weeks ago. Guess what? He got his $$$ and the legal issues worked out... albeit, he resorted to rather extreme measures. I could give details if you wish.

  14. #10
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    Quote Originally Posted by shredfit1 View Post
    Who said anything about abandoning the loaded truck?
    You did.

    Quote Originally Posted by shredfit1 View Post
    I'd get loaded(when you have a load on you have a little more importance to them) then head for the nearest truck stop.

    Park, then call them for a fax of a breakdown of what the truck made for your last pay period. Tell them that the truck doesn't move until it's received. If they still refuse, tell them the load will not be delivered at all.
    Quit the job and move to an honest company.
    They are under no legal obligation to show a company driver anything. You have the choice to continue working for them or not. If you choose not to continue working for them, it would not be in your best interest to abandon the loaded truck in an unsecured location. DAC or no DAC, it has the potential to follow you.

    ...and if I had a driver who tried pulling that stunt with me, he'd better have arranged his own ride home from whatever truck stop he was at because he'd be fired on the spot. His fuel card would be shut off, and if the truck wasn't there when I arrived to finish the run, it would be reported as stolen, with the driver's information given to law enforcement as the #1 suspect.

    Want to play hard ball? I'll find another driver easier than you'll find another job.

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