I'm not exactly a newbie, but I couldn't find a place anywhere else on the board for this question. Anyway, having read some of the answers to other questions, its clear that some pretty knowledgeable drivers read these threads. My question is as follows: What is the basis for mileage pay calculations? From what I can see, many companies send drivers out on runs that pay the company for one mileage total, while the company pays the driver for fewer miles. I know that some companies use post office to post office, area code to area code, household movers guide, etc. as a basis for determining paid miles, but it seems that using these methods to pay drivers for fewer miles than the company is paid for is actionable in court, if not downright illegal. It seems to me that somebody must have challenged the legality of creative mileage calculation (may as well be nice) in the years that this has been going on. I have never signed an employment agreement with any company allowing them to collect one mileage total while paying me another, but that's the way it's been. It seems that ther sould be a way to collect something for those unpaid miles. In my case it amounts to around eight per cent of my yearly total. If anyone has some information on this subject I would appreciate it; especcially appreciated would be sources such as legislative history, or prior court cases. Thank you!
Pay Policies
Discussion in 'Questions From New Drivers' started by skyking, Mar 22, 2009.
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Though it may seem that shorting pay miles is unfair, it is highly unlikely that a court will ever find it illegal. Mainly because Carriers determine a single mileage method for paying drivers, and use many different methods for billing shippers. A good example would be where a shipper insists on using a different mileage formula than the one the carrier uses for driver pay. Another example- carriers often use brokers in areas where they don't have a freight base. Brokers almost exclusively want flat-rate quotes, and quite often the carrier LOSES money after the driver is paid, because the rates are so bad in many low freight areas. In that case, it's a double edged sword. Should the carrier be allowed to cut your pay when the rate on bad paying loads causes them to lose money, if they are required to pay you hub miles on the better paying loads?
As far as court precedent-
There is an ongoing class action lawsuit against Swift Transportation that was recently revived:
http://newsgroups.derkeiler.com/Archive/Misc/misc.transport.trucking/2008-08/msg00434.html
In addition, the Washington State Supreme Court ruled that overtime shall be paid to drivers who run certain irregular long haul routes:
http://www.bullivant.com/showarticle.aspx?Show=4505
This should be a good starting point if you want to pursue it further.
skyking Thanks this. -
In most cases, when a new driver signs on, the co. tells the driver how they pay. The co. doesn't discuss how they bill the customer because the co. figures it isn't the drivers business and the co. might be getting a flat rate, household or zip miles. All in all, the co. figures that if the driver wants to drive for them they will take the way they get paid. Kinda sad but that real life in the trucking world.
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companies don't often advertize this fact... but you can get paid additional miles... under limited circumstances.
if a company is paying shortest route miles then you should be driving those miles, and if you do your pay will be, on average, extremely close (within 1-2% over a period average).
most companies let you choose your route and are quite careful at squaking if you take a route that may be slightly farther mileage wise as long as you are heading in the general direction (running the interstate vs all those red lines) the fact you chose the fastest, quickest, easiest route is your choice and most often to your mutual advantage.
(limited circumstance) they are paying you to run the shortest route, If you try to run the shortest route and it is blocked for some reason; weather and not plowed, closed, bridge is out, or the truck designation has changed and you are no longer allowed to travel that route, being forced to take another, keep track of your (REQUIRED) additional mileage to get back on route and they will pay you for your (required) out of route mileage.
now truthfully, it isn't worth your time to fill out the paper work on any given run, and running all those red lines would be so detrimental to your overall pay performance that you simply won't come out ahead.
but
they will pay you or you can take them to court.
its like an hourly employee being required to work over time... fine but they gotta pay you or fire you...
most of our routes, out of waterloo, going north, are almost dead on mileage wise. 239 paid and 241 actual. why? no freeways... lol run takes forever thru every turd pile town along the way...
heading west, some are 10% out, being the smart guy I thought I was... I ran the short miles... almost dead on... took an extra 1.5 hours to make that $3.00
its trucking...
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