What Legal Grounds Do I Have?

File a wage claim with the labor commissioner.

 

Fuel surcharge is deducted from the truck gross before you're paid, not after. The owner has overhead to keep that truck running, and overhead is more important. If you owned the truck and paid the driver 30% before paying the rest of your overhead for that trip, you would go broke.

As earlier stated, you have no legal grounds. Read your employment contract.

 

no he very could be contracted into being a 1099 ic, it all depends on what exactly was in that contract. he could have signed a glorified lease purchase contract, where he got 30 per cent and the rest went to truck lease, etc.

would be rather odd, but don't rule it out. it will all depend on the contract, heck the contract could be far different than the way the guy is getting paid, wanna bet he didn't read it and just signed??

 

Texas has a pretty strong understanding of 1099 abuses. Talk to the labor board. They can let you know where you stand.

 

Only independent contractors should be paid under a 1099. Even a driver that is paid a % instead of trip pay or mileage pay should be classified as an employee and paid under a W-2 otherwise under federal law it is illegal. Now an employee's wages, nothing can come or be deducted from the pay without the written permission of the employee, you even give a written permission for taxes to come out, there is one exception, a court order such as child support can be an exception. All this is different if a person is paid under a 1099 and a written contract or an agreement needs to be written up and signed by both parties.

 

I'm paid percentage and get a W-2, don't get fuel surcharge.

am a company employee. not a contractor.

that's how it works.