more work same $ - legal to pay driver by the load in NJ?

Local, 11 driving, 60 weekly-Mon-Fri. We have to have 10 off before, the next day. Hrly pay, I sometimes get off at 1:30 pm, 3:00pm, or sometimes 6:30pm. Pay is fantastic. I LOVE MY JOB. Absolutely NO WEEKENDS.

 

My suggestion is that if he isn't happy driving a company truck and making $1,500/week that he should try to find another company that will pay more or require less of him. Paying by the load isn't uncommon in some segments of this industry. There are several ways in which drivers are compensated. To me, earning $1,500/week as a company driver is a pretty decent paycheck.

 

We can run 70 because we have trucks running everyday of the week.

 

You're not paid from the time you leave the house until you return.

As for your question the labor board would probably give a better answer, but yeah I'm sure the company has covered their legal bases.

Can they change the terms of his employment. Sure they can and he can agree to them or not.

 

Back in the 80s in PA I did round trips and got paid by the load. 2-1/2 hrs up loaded and then 2-1/2 hrs back empty. About $45 a load.

Someone went to the state labor board and in the end the company had to retroactively pay us time and a half for all the trips we did over 40 hours. That was a nice bonus check after I had already quit the company.

There needs to be an time period established for each trip in which one could reasonably,safely and legally complete it. Once enough trips add up to the 40 hour mark you should be paid overtime for the remaining trips completed in the week.

Definitely contact the NJ labor board. Not sure how similar the laws are to PA but you have nothing to lose except overtime pay.

 

I don't understand why the labor board would force a company to pay time and a half to workers who agreed to be paid by the load. The driver could control to some extent how much he made by hauling more loads. I really fail to understand why drivers will take a job knowing how they will be paid and then at a later date decide that they are not being treated fairly. Rather than quiting they whine to the labor board or hire a lawyer to beat up the company to get them money that they should not be entitled. I think that any case where anyone agrees to be compensated at a certain amount of money or in a certain way, such as by the load, the case should be thrown out and the lawyer and driver should be forced to reimburse the company for their costs of defense and time away from their business. If you don't like the way you are compensated then don't take the job or find another one.

 

Labour laws exist so that unscrupulous employers cannot take advantage of employees. Employment agreements cannot circumvent labour laws.

 

If you sign a contract or agree to work for a certain rate then you should be willing to either stick to your word or leave. I understand that there are some unscrupulous employers, but the same can be said of some workers. When I sign a contract or make an agreement I stick to it, whether it is in my best interests or not. Since I read all contracts before I sign, that is a non issue for me. If I make the agreement then I adhere to the agreement, as all should. I have never whined to any labor board or gotten a lawyer to go after a company because I made a bad decision. In this country you are usually employed "at will." In other words, you can leave at any time. When you take a job, you are told what is expected of you and the compensation at the time you are hired. If you don't agree then walk away. Don't take a job and then later decide that you are not being paid enough and go whining to the state or a lawyer to go after the company. You made the agreement or took the job. Either stick with your agreement or leave.

 

I agree with the essence of your post... it works that way for you, it works that way for me and it works that way for a lot of people. However, not everybody has the ability or the time to ensure they are being compensated fairly in terms of both industry and legal/regulatory/community standards (although that gap is narrowing, largely due to the Internet). The reality is that this industry is populated with unscrupulous employers and undereducated employees... and that makes for a very lopsided equation.

When I first started out in the work world I had a similar experience. I worked at an independent motorcycle shop running the front-end. I quit after about a year and the owner withheld my last month's pay. I gave him an opportunity to pay me the $1,100 or so I felt he owed me and he refused. In fact, he had his lawyer send me some B.S. letter making some false claims and veiled threats. Being only 18 at the time, and on my own, I didn't have a lawyer (and it would not have even been worth it for $1,100) and was ignorant about employment regulations, but someone suggested I should contact the labour board to see if they would arbitrate on my behalf. To make a long story short... because of the kind of hours I had been working I ended up getting a cheque for over $9,000. It turned out that for the type of position I held I was not being properly compensated according to the labour statute so any agreement was null and void. While both parties bear some responsibility, it is overwhelmingly the responsibility of the employer to ensure they are following the appropriate regulations... as it should be. So, did I make a "bad decision", or was I taken advantage of?

 

I have question if he does not get 16 loads does his pay get cut?