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?
Getting paid percentage?
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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?
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.
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.
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.
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.
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.
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.
...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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