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

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

  1. not4hire

    not4hire Road Train Member

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    This is how we paid as well.

    Something to note; if the company is adding in the fuel surcharge to the gross, calculating the gross pay and then backing the 15% out of the driver's pay, the driver is getting ripped off. Using your example, the driver would only be paid $1,275.64.

    $5,175.00 x 29% = $1,500.75
    $1,500.75 - 15% = $1,275.64​
     
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  3. NightWind

    NightWind Road Train Member

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    What the company is doing is wrong and should be addressed.
    I didn't add it in then take it out as I never added it in to the drivers portion of the pay to begin with.
    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
     
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  4. not4hire

    not4hire Road Train Member

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    Your reading comprehension is lacking; I was agreeing with you. Separately, I was also pointing out that if the OP's company was adding in the surcharge then taking the equivalent percentage out of the driver's pay--as was suggested in an earlier post--it was resulting in lower pay to the driver than if the pay was being calculated correctly.
     
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  5. NightWind

    NightWind Road Train Member

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    And I'm agreeing with you what they are doing is rotten wrong.
    FYI for those paid from a percentage whether it's a driver or an O/O the law is that if you are paid based on a percentage of a load you can, during regular business hours request to see the actual billing invoice pertaining to the loads your truck hauled. Just remember if you do this that most likely you won't have a job and or your lease may b canceled. If you do find that you haven't been paid correctly then take it to a lawyer and sue for all your money.
     
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  6. tlalokay

    tlalokay Medium Load Member

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    The difficult thing here is to get each and every rate con as a "company driver" as @NightWind mentioned. That is needed to even know if the amount paid for the load is correct.

    This is aside from the calculation errors the company is making in their own favor. The OP is losing a nickel for every dollar of that 29% due to adding the 15% FSC to the rate and then subtracting it after calculating the 29%.

    Major rip-off. Sometimes I can't believe how deceptive the trucking industry is in terms of carrier-driver-broker-customer relations.
     
  7. buzzarddriver

    buzzarddriver Road Train Member

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    This ls almost as bad as the companies that force you to take per diem per mile and then charge you .02/mile fee to pay you less for the per diem.
     
  8. NightWind

    NightWind Road Train Member

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    I said 3 post ago that I understood it
     
  9. NightWind

    NightWind Road Train Member

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    Perhaps you need to Read what I actually said. I know the amounts are different because of the difference in the gross the way the company is doing it. What I DO NOT understand is WHY you feel the need to point this out to me numerous times when I have stated unequivocally that what the company was doing is WRONG. My reading and comprehension skills surpass yours obviously because for some reason known only to your brain you feel the need to point out the obvious.
    Take it up with the company that is doing it NOT me for Pete's sake.
     
  10. not4hire

    not4hire Road Train Member

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    Those voices in your head are not real.

    And this isn't Groundhog Day.

    And you're just making yourself look more foolish.
     
  11. NightWind

    NightWind Road Train Member

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    You are not worth my time. If you can't understand what I said then I'm sorry for you. I am blocking you as I cannot fix stupid.
     
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