Trucker Pay question (per mile or %)

Discussion in 'Experienced Truckers' Advice' started by freeleo, Apr 17, 2009.

  1. freeleo

    freeleo Bobtail Member

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    Mar 3, 2008
    planet earth
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    Can anyone tell me if it is legal for a trucking company to pay you by the mile or a percentage based on which way will make the company more money? If it is not legal, would there have been any recourse?

    The company would pay me 25% or .40/mile depending on which way made them more money because the freight was expedited. It is all eveident on my pay statements.

    Are there any resources to research these wage laws anyone knows about?

    Thank!
     
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  3. wsyrob

    wsyrob Trucker Forum STAFF Staff Member

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    I don't know about the legality of it but it sounds like good business from the companies standpoint. If you are an owner operator with the ability to decline, pick and choose loads then I think its OK. You just don't run the load if it doesn't pay enough and should know up front.

    If you are a forced dispatched company driver then I would beware. They can set the 25% rate wherever they want and you will never know what they were actually paid.
     
  4. freeleo

    freeleo Bobtail Member

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    Mar 3, 2008
    planet earth
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    the thing is they would always tell me i get paid .40/mile any time i asked, but when you do the math on some of the runs, it was obvious they paid a % on some of them.

    the smaller runs would calculate to be a %, and the long haul expedited where they were charging out the wazoo would be .40 per mile.

    I was jsut thinking that if they tell you every time you ask then it might not have been legit when it is obvious they are doing it two ways.
     
  5. jtraveler

    jtraveler Bobtail Member

    There is no law that states you cannot ask to see their billing and what they paid to compensate you for your work. Percentage drivers should know up front what every load is worth before they accept it.

    .40¢ a mile is a good deal for a company driver. Just need to watch what kinda miles the company agreed to. Short miles suck but are most often used in billing even though practical miles tend to be more cost effective.
     
  6. freeleo

    freeleo Bobtail Member

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    Mar 3, 2008
    planet earth
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    so what about if you were not paid your last paycheck when you quit working for the company. I requested it several times. I also requested after they would not send it to me for proof of payment becuase my log books could prove that I worked. This is all documneted in email correspondence with the "compliance manager" (what a joke).

    I am curious who I would contact in the state of OHIO that could address my concerns but havent had much luck narrowing it down with my research on google. Also curious if there is a statute of limitations for potentially expecting to hold the company to all this. Any ideas?
     
  7. bduke

    bduke Light Load Member

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    Fontana, ca
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    I don't know about being legal or not. I can tell you that the company will always pay what makes them the most money.

    You need to remember that you are just the necessary evil to get the job done. That goes for EVERY company.

    Now if you were paid by the hour, you could take solice in knowing that you were paid for all of your time. The company will still makes it's money and you will have made a little yourself. But you didn't ask that.

    Mileage and percentage, for the most part, are not in the company drivers best interest.
     
  8. chief

    chief Heavy Load Member

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    Flavor Country, NC
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    wage and hour laws do not apply to the trucking industry. if they didn't pay you for your last week of work, I guess you file a complaint with the labor board.
     
  9. Crotts Trucking

    Crotts Trucking Medium Load Member

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    Duncan, AZ
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    I dont know if there are any laws for company drivers, but O/O have to be given a full rate when asked if bieng paid %.
    I have heard of this scenario reversed, say you are used to hauling 2.00 a mile freight, 25% would pay you 50 cents a mile, but one cheap load they had to take was 1.25, thats only 31 cents, so the company pays you 40 cents to compensate. But those companies are rare.
     
  10. dancnoone

    dancnoone "Village Idiot"

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    While most will tell you that you are not covered under the same wage/labor requirements. You can do something about it.

    But only if you're willing to accept minimum wage, for the actual hours worked. That's the most you can get, after filing a complaint. Been there done that.

    Another option, Small Claims Court. If available in your state.

    Small claims will quickly settle this matter. As the company probably hasn't been truthful with the rates. And sure wouldn't want to have to produce evidence that could lead to further legal action, regarding previous loads.
     
  11. RickG

    RickG Road Train Member

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    You'd better have more proof than log books . Anybody can fill out log pages to show anythinmg they want . That's an issue with the Mexican drivers . There is no auditing system there . They can stop a couple of miles from the border and make up logs that look compliant .
     
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