Is taking a fuel surcharge from a company drivers pay legal?

Discussion in 'Trucker Legal Advice' started by DHR1, Dec 5, 2017.

  1. DHR1

    DHR1 Bobtail Member

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    Instead of getting a fuel surcharge from the customers their just taking 15% out of the drivers pay, I get 29%, so for example if a load pays a 1,000.00 I get 290.00 and then from that they take 15% from the 290.00 which equals 246.50 in which I make, so instead of actually making 29% I really making around 24.6 percent
     
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  3. Roger McG

    Roger McG Light Load Member

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    Gotcha, now I'm with you, yeah that's not cool.And you brought your customers with you definitely not cool, and 29% is a little light in my opinion
     
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  4. DHR1

    DHR1 Bobtail Member

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    I'm making 29% percent of each load but after they take 15% out of the 29% I'm only really making around 24.6% or so
     
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  5. DHR1

    DHR1 Bobtail Member

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    Yeah I've got around 15 years experience, so I wasn't real happy with the 29% but there were other things that were attractive to me about this company
     
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  6. pattyj

    pattyj Road Train Member

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    Find another driving position that appreciates the drivers.
     
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  7. DHR1

    DHR1 Bobtail Member

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    Yeah, that's my plan, just feel bad for the other driver's that's been there a long time, their a good bunch of guys but their either ok with it or just not smart enough to know that this is wrong, to my knowledge I'm the only former owner op there, some of them just think it's business as usual, I wish I could find an attorney or someone that works with the trucking industry that I can get definite answers as to whether it's actually against the law other than just being very unethical
     
  8. pattyj

    pattyj Road Train Member

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    So in dollars how much is taken out of your check every week roughly?
     
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  9. ZVar

    ZVar Road Train Member

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    Not illegal probably. You are not an employee if you are paying for fuel, you are an independent contractor. (o/o)
    As an o/o what they take is governed by whatever contract you signed allowing them to take. If they are taking money outside the contract you simply end the relationship and take them to court. Like any other business to business relationship.

    If they are making you pay for fuel and you are an employee, then that's a whole other can of worms.
     
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  10. Oldironfan

    Oldironfan Road Train Member

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    Tell them to stop taking money from your paycheck. Tell them you want 33% pay or your taking your customers elsewhere. The federal tax is 33% and the won't pay you that much? Go elsewhere. If you can do paper logs you can jump anywhere as much as you want. In this industry as of lately.
     
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  11. NightWind

    NightWind Road Train Member

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    If you're a company driver you're not entitled to any of the fuel surcharge since you're not paying for the fuel.
    By the same token they cannot take money from your check for a(fuel surcharge) I'd document it and contact the wage and hour board ASAP.
     
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