if a trucker is hired on percentage of load must the employer supply a statement of what the load is making ( so you can know you are making the correct amount?)

Anybody above board would supply it. Of more concern is what you are getting a percentage of: what the customer is paying, what the truck is being paid, is fuel surcharge included or factored out etc. Before going on percentage you would want to see some proof of the amount of dead-heading you would be doing.

it is based on what the truck makes ...there is no surcharge due to this company is only paying right at 1.29 a gallon for fuel. it is a fed ex contractor . was hired in at 40 % but now actual ( according to owner, after heated debates) was 32% until recent raise to 35%. we just do not know since we are REFUSED to view any statements. and we are angry because when hired (4 employees) were told 40% and the contractor says there is no signed agreement to that figure so it is at his decision to pay accordingly

Tace,I can help a little.I will assume your husband is an o/o and leased on to said company.The company is required by federal law to provide your husband with proper documentation on pay based on percentage.You can go to the FMCSA website,under search ,type in 376.12.Written lease requirements.Once there,you can start at the the top,but most of your questions can be answered by scrolling down to subpart D and below.I don't know what your husband signed as far as lease agreement but companies do have to abide by federal law.

I'm assuming this is a driver being hired on by percentage so section 376.12 would not apply. Are you being treated as an employee or independant contractor (scam) liable for your own taxes etc. This does not sound like a good deal. If the lying begins on day one it only goes downhill from there,. What is to prevent the employer from deciding to pay you 10% next week? Alittle more info would be helpful.

Native dancer,My advice to tace is based only if her husband is an o/o leasing his truck and services to said company.376.12 does apply.If her husband does not own a truck and lease to said company,the rules won't apply.Another example.I go to a temporary hiring agency,just as a driver,no truck.They contract my services as a driver to a company.The hiring agency pays me,not the company I will be driving for.I am under contract with the temp agency not the trucking company.The trucking company got a driver without the liability the temp agency took on for a fee.I am now an an employee of the temporary hiring agency.Again,o/o and leasing your equipment fall under different guidelines than contracting/leasing your services as just a driver.If her husband is o/o and does lease his equipment,a proper legal lease agreement can keep his percentage rates from changing.By law a company can't change the wording.I've said enough.

no he is not an o/o..it is tricky..the owner has the contract with five trucks my husband is HIS employee. My husband( as well as 4 others) was hired on the verbal agreement of 40% of the freight. But all they get is a statement with their paycheck with the final gross, taxes deducted and net pay..the owner REFUSES to give ANY statement on what the trucks are ACTUALLY making, therefore they have no way of knowing what their percentage TRULY is. Now the owner is saying the pay is 32% so he raised it to 35% when the guys found out and revolted agaisnt him. and it gets worse but i wont bore you. i appreciate all your advice very much

As an employee, as your husband is, you have no legal option such as the lease agreement under FMCSA rules. You have to assume they are paying correctly. Most companies that I have worked for under this setup have provided a detail of the load payment along with the paycheck. However, there was no proof that the numbers were correct.

thank you very much

A good site for you to get some more answers,fedexwatch.