I have a question for anyone who can provide an intelligent answer. My hubby has quit his job after 7 years with a hot-shot company. For the firs six years the owner was paying for the motels. He's supposed to, right? The drivers are only driving directed miles, and some are well over 1,000 miles one way. You cannot turn over about 700 in one legal day. These truck do NOT have sleepers. Then all of a sudden my hubby's check is $300 short with a statement saying we still owe almost $600 more. After 7 years this is what we get. I THINK NOT!!!!! I've tried looking online in the DOT FMCSA for information on the responsible party. Either I don't know where to look or it's not in there. Can anyone tell me with definate accuacy who is supposed to pay for these motels? Him or us?
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Discussion in 'Trucking Industry Regulations' started by big mama, Jul 21, 2014.
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Well, the first place to check... contract/company handbook/orientation paperwork for the answers... As for who pays, that would have been something he/the company should have asked/told at the time of hiring. If the company had him sign an agreement saying they will pay for hotels, then you are golden... If the paperwork states that he is responsible for hotels, then I am sorry. But you can always twist the companies proverbial arm and get them to show you where it states the driver is responsible for hotels..... but I really doubt that exists as it sounds like they pay the hotel and then deduct that from the paycheck (wich sounds like they used to pay for hotels)... now if he pays out of pocket for the hotel, then i would venture a guess he's probably the one to pay for it. But there are other considerations, such as is this a company truck? Is he under a contract (o/o, contractor, lease)? But the only real resolutions to this i could see would be; swap companies, court, or going up the management chain and in a professional manner to get an answer (in writing).
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Did your husband talk to his employer about this before he up and quit a 7-year job?
There is more to this story.jbatmick Thanks this. -
They (company) has always paid for the rooms, now all of a sudden it's changed with no prior approval from the employee to deduct for hotel rooms.
As for where you should look, this looks like a civil case. There are no rules or regulations that say any particular person/company/employee/employer should pay. That is usually determined the same way pay is determined... at hiring. -
Contact the department of labor in the state where the company is located, and fill out a wage complaint form.
Bandaid and semi retired semi driver Thank this. -
This good advice, but I would take it one step higher. Take this employer to Small Claims Court. He has broken the law if he deducted a penny from your pay without your signed permission. By taking a person or company to small claims court will not cost you much over $50.00 and it is a very simple process. I just hope you have all the past records because without the documented records you are fighting a losing battle. With all things documented, I have no doubt that you will come out the WINNER!Bandaid Thanks this. -
I think department of labor avenue is still better, number 1 because its free, number 2 he can get interest now or maybe extra paychecks owed to him if his employer doesn't come up with the money after they investigate, number 3 he can do this all online or mail and doesn't have to show up in person, number 4 employers hate when the government comes down on them, and they possibly face greater fines.
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Is your husband a 1009 contractor, or a 1040 employee? That being said the prior hotel bill being reimbursed imply a policy of paying for said lodging. Like others I am curious why your husband up and quit? Could it be because the owner made a new policy making the driver or drivers pay for their own motel rooms? What was the pay arrangement, I bet it was 50/50 expenses off the top.
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