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

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

Page 4 of 6
  1. Dec 7, 2017 #31
    Oldironfan

    Oldironfan Road Train Member

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    So you only pd 14% in real world math????
     
    Oldironfan, Dec 7, 2017
    Oldironfan, Dec 7, 2017
    #31
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  3. Dec 7, 2017 #32
    DHR1

    DHR1 Bobtail Member

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    I'm not sure what you're saying, for example one of my rounds I did for my customers was a 5,400.00 dollar round trip, they took 29% from 5,400.00 which equalled 1,566.00 and then from that 15% for a total of 1,331.10 my pay, so instead of me making a straight 29% I actually made 24.65% of the load
     
    DHR1, Dec 7, 2017
    DHR1, Dec 7, 2017
    #32
  4. Dec 7, 2017 #33
    wichris

    wichris Road Train Member

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    Looks like they are saying 15% of the total rate is a FSC. 5400x.85=4590 4590x.29=1331.10
    Is that how it's broken down for an O/O also?
     
    wichris, Dec 7, 2017
    wichris, Dec 7, 2017
    #33
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  5. Dec 7, 2017 #34
    DHR1

    DHR1 Bobtail Member

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    We're all company drivers, no o/o's, that's what I can't figure out why their taking a fuel surcharge out of our pay, when I signed on it was a straight 29% of the load, no where in writing or oral was I told about the extra 15%, I was wondering if it was even legal or just shady and unethical
     
    DHR1, Dec 7, 2017
    DHR1, Dec 7, 2017
    #34
  7. Dec 7, 2017 #35
    magoo68

    magoo68 Road Train Member

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    Fuel surcharge is built into the price I'm guessing what they are giving is 29% of the linehaul .. If it's paying 5000 plus 650 fuel surcharge they are charging a straight 5650 then minusing fuel surcharge before settling with drivers
     
    magoo68, Dec 7, 2017
    magoo68, Dec 7, 2017
    #35
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  8. Dec 7, 2017 #36
    DHR1

    DHR1 Bobtail Member

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    Idk, I'm confused by all if it, anywhere I've worked I've been paid the % we agreed on or any drivers we've had through the years, we always just paid whatever % we agreed on
     
    DHR1, Dec 7, 2017
    DHR1, Dec 7, 2017
    #36
  9. Dec 7, 2017 #37
    wichris

    wichris Road Train Member

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    So if fuel goes higher and the rate goes higher the one paying for the fuel should just get 71% of it? If they're doing 15% across the board I don't see the problem. If it was reversed and you were an O/O you would want that 15% FSC@100%
     
    wichris, Dec 7, 2017
    wichris, Dec 7, 2017
    #37
  10. Dec 7, 2017 #38
    NightWind

    NightWind Road Train Member

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    NightWind, Dec 7, 2017
    NightWind, Dec 7, 2017
    #38
  11. Dec 7, 2017 #39
    kemosabi49

    kemosabi49 Trucker Forum STAFF Staff Member

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    What did they say when you told them that their taking this 15% was something you never agreed to.
     
    kemosabi49, Dec 7, 2017
    kemosabi49, Dec 7, 2017
    #39
  12. Dec 7, 2017 #40
    NightWind

    NightWind Road Train Member

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    When I had drivers The fuel surcharge was never figured in as a part of the rate because the drivers do not pay for the fuel hence are no entitled to any of that money. On the other hand an O/O is entitled to all of the fuel surcharge and the company they are leased to if that is the case is not entitled to any of it since they do not pay for the fuel in that instance.
    Example these are just examples and NOT exact numbers.
    the load pays $4500.00
    the fuel surcharge is an additional 15% so $4500.00 X15 =$675.00
    Total for the load including the fuel surcharge is $5175.00
    The drivers pay is based on the $4500.00 period which at 29% would be $1305.00
     
    NightWind, Dec 7, 2017
    NightWind, Dec 7, 2017
    #40
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