Driving without pay?
Discussion in 'Trucker Legal Advice' started by alb85, Oct 4, 2016.
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1099. Good luck getting those extra hours paid. You're acting like an employee, he's paying you like an independent contractor. You might want to find a new gig.
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Or just show him this thread before ya do anything hasty. Be a man bout it. There is negotiation in careers & there's especially negotiation when you're working for a smaller guy n not a huge F'in company. He knows he can trust ya, he knows you do your best, and he knows you come to work every day. That's half his battle right there, so show him our responses and use that trust as leverage and see if ya can't get dead miles. If not, let him know you've got better opportunities elseware. right?
alb85 Thanks this. -
He isnt paid by the mile he is paid hourly... If he is in a company truck and on the clock under working conditions he should be paid.alb85 Thanks this.
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I have a question ( raises hand ).
How many hours a week do you put in, and what is your typical take home b4 taxes before we all feel sorry for you too much? -
If one hour bites you emotionally, then you better be careful which companies hire you on. There is awful lot of time spent unpaid in trucking generally unless you very carefully choose whom you run for and what kind of loads to haul For example, I dropped and hooked out of McKesson of Memphis (30 minutes tops, with paperwork deadhead is zero after dropping empty in McKesson yard) and when deliver the load of narcotics which approach and exceed a million in value, I do not leave the dock, I stay put and get loaded waste cardboard going STRAIGHT back to Memphis for McKesson. The money train hand over fist exceed our ability to spend it all. No complaints. Except that there be predators in US 79 downtown and we as concealed carry via license were so stupid as to go in there without weapons. AND on a high value load that our lives would be forfiet too...
alb85 Thanks this. -
Years ago there was a guy that retired from BellSouth. The trucks were normally driven home. Well after he retired he sued them for overtime pay for the drive to and from his house. They ruled in his favor because he was driving a company vehicle and they determined that since he was traveling to the first job that he was under dispatch and on the clock. So there is a precedence in this situation. Now all the trucks are parked at the yards.
The second issue is the 1099. Paying you $15 per hour with no taxes taken out is like paying you $12 an hour and taking out taxes. What he is getting away with not paying are his portions of social security and medicare along with workmans comp and unemployment insurance.
Right now if you were to get hurt on the job there is nothing to cover your medical bills or lost time. Find another job and soon. A friend of mine just went through an injury to his knee while climbing down off the truck and was out for 2 months.NavigatorWife and alb85 Thank this. -
Are you having fun yet?
alb85 Thanks this. -
Sorry dude but here is the thing, if you are getting paid under the 1099 rules, and he is paying you hourly, the second you step into his truck YOU GET PAID.
Here is what I would do;
Either I would quit without notice
Or
I would keep very super accurate records and have them notarized, then after a couple weeks if you like the job, tell him that he owes you X (which he will tell you to stick it) then file a complaint with the state labor board, giving them copies of the records you have. They will deal with it.alb85 Thanks this. -
?? I don't understand your post, I thought everybody gets paid for deadhead if they worked for a legitimate company. *company driver*
When it is time to go home, I usually drop my trailer and bobtail home, which is 200 miles away.....and I get paid to go home.alb85 Thanks this.
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