more work same $ - legal to pay driver by the load in NJ?

What about the driver who abuses his assigned equipment or steals fuel from his carrier? Should he be held to the same standard as his carrier? I think that if you agree to work for a certain rate that you should either stick to your agreement or find another job. No one twists your arm to take a job at a certain rate of pay. If your employer doesn't pay you all that they owe you then that is one thing, but if a driver or other worker steals or costs his company money should he not also be held accountable? The thing is that most people don't want to accept responsibility for themselves or their decisions. When you sign a contract it is up to you to make sure that what you sign in fair and not completely in favor of the other person. For instance, it isn't uncommon for me to make changes to contracts that I receive from new brokers with whom I may do business. I won't sign a contract that is one sided. If they don't like the changes that I make to the agreement, then we don't do business. Some will sign anything that is presented and not even read it. Others may be afraid of making changes. I have had some who have said that what is written won't be enforced, but I tell them that if it is written down and I sign it then I can be held to the terms that I agree. For instance, some brokers will put a penalty in contracts where they can charge back a fine if a load is late. I won't sign any contract that can fine me for being late. I have an excellent track record for on time pickup and delivery, but anything can happen. There could be an accident and the road shut down for several hours or the truck could break down. Those are things out of my control, yet I could lose money if I signed such an agreement. Most would likely not attempt to enforce that part of the terms in those circumstances, but some could. In court, you will be held accountable for what you sign.

I don't want the government to come in and tell me that I am not being fairly compensated. It is really none of their business. If I agree to work for a certain rate of pay, that is a decision which should be between me and my employer. I don't know the circumstances in your situation, but you should get what you were promised, but not what the state determines that you were not paid the right rate or you change your mind on the compensation after you take the job.

 

Of course he should. Who is suggesting otherwise?

Contracts, or terms within otherwise legal contracts, that violate statute are unenforceable.

You sound like you would have made a good plantation owner.

 

I just believe that people should take responsibility for themselves and their decisions rather than whining to the government or hiring a lawyer to put the responsibility on someone else.

 

So, commerce at any cost, human decency be ###### and good for you if you can get one over on the next guy? At least you're honest.

 

I get really tired of people blaming others if they make a bad decision. Any agreement should be fair to both sides. If you make an agreement then you should have the "decency" as you put it, to do the right thing. I never said commerce at any cost. I only said that if people make an agreement that they should keep their word. I don't see how that involves putting something over on anyone.

 

Might have been something to do with intrastate company only.

 

What does one expect from a company owner?

I know a guy who had trucks and only paid them by 1099 and treated the drivers like this guy does.

One driver was murdered in California and he even billed the family for going and getting the truck.

There needs to be stronger rules for the protection of the drivers from companies that abuse and take advantage of unsuspecting drivers using such ignorant policies and contracts that do nothing to protect the driver from the company.

Sad when a driver will have to pay an attorney to get legal advice to protect them from bad owners just to make a living.

 

I don't think that it was right for the company to bill the family for having to go get their truck after he was murdered. I don't see most carriers even entertaining the thought to do something like that.

There are actually plenty of protections for employees and drivers. I would not necessarily believe everything I hear from drivers who have had problems with their carrier. More often than not, it is their behavior that was the problem or perhaps a lack of communication. Not that there are not bad companies, but I have read stories about dozens of carriers over the years. Some have been bad and others have been good. Most of the time you only hear one side of the story when a driver posts something on an internet forum. Those who are happy with their carriers rarely post their good experiences. There have been some who have trashed CRST Malone and Landstar. I have experience with both and my personal time with them was positive. I did well with both companies.

 

Common sense can solve many problems.

 

Common sense would even prevent many problems. Unfortunately, common sense seems to have gone out the window with work ethics and many other things.