This question may not be posted in the proper section, so please cut me some slack if it isn't. I have searched the internet high and low for an answer to this question and can't find one. Myself and a few of my fellow drivers work for a Florida company. We are all payed a percentage of the gross freight charged to the customer. Because of recent cuts and load rates changing, we have a strong suspicion that we are not being paid the agreed upon percentage. The percentage is agreed upon orally as well as being posted in the employee handbook. Is there any law that gives an employee the right to know and see invoices or something that tells the actual amount the company charges their customer so that you know for certain you are being paid the correct amount? We are told that is priveleged and confidetial information and will not be released to us. If I don't know what they are charging, how do I know I am getting my fair cut? Thanks for reading and any responses that you might have.
Load Pay
Discussion in 'Trucking Industry Regulations' started by Bone Hauler, Aug 21, 2009.
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I was under the impression that you should be able to view the invoices, since you are paid a percentage of the freight bill, but to be honest, I don't know where it states that. Hopefully someone else has the legal info you need.
Last edited: Aug 21, 2009
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http://www.fmcsa.dot.gov/rules-regu.../fmcsrruletext.aspx?chunkKey=090163348008eefb
§371.3 (c) Each party to a brokered transaction has the right to review the record of the transaction required to be kept by these rules. -
I appreciate your response Raezzor but does this also apply to the employee/employer relationship? We are company drivers with no broker involved.
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Company drivers do not have the right to view the invoice. Only O/O have the right by law.
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I talked to OOIDA a long time ago about this, and the way I remember it, I was told I would have the right to view the invoices since I was paid percentage of the revenue. Or that is at least what I think I was told. Each party to the transaction has a right to see it, and I guess you fall into a gray area of this.
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Bone Hauler, you're pretty much at the mercy of the bossman. Trucking companies can manipulate freight rates up one side and down the other. On percentage pay, they can pay 25% of gross, net, before expenses, after expenses, before fuel, after fuel or whatever works good for them. Since they are being hush-hush, looks like you be gettin' shafted. :smt063
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I worked for a guy that paid by % loads,, altho his trucks were leased to a trucking company with brokered loads, in the 100 % of the load the company took 20% right off the top, leaving the owner 80% then my 28 % came out of the 80 % and not the 100 %, so actually the drivers kinda got the shaft, especially when we had to drive 400 miles deadhead, no pay for that, and then sat for a week with no loads, i didnt stay.
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Here is your problem. If you don't have a signed contract stating that you will be paid xx percent of all loads. Then the bossman can change what percentage he is paying you from day to day. Heck even from load to load. He could pay you 1% and there is nothing you can do about it. This is why CPM is the best way to pay company drivers. Doesn't matter what the load pays. You get the same amount to move it.
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Where does it say that?
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