Wage Agreements

I've been working locally for an employer who now wants me to pull long haul. I'm not opposed to the idea, but my employer has a SLIGHTLY dubious reputation for getting "creative" in calculating his long haul driver's pay.

So, in an effort to protect myself and make sure I receive fair pay for fair service, I came up with a "Wage Agreement" between myself and my boss.

Please tell me what you think. What would you add?

Thanks,
Kirk

WAGE AGREEMENT:​

The following wage agreement is between Kirk XXXXX(hereafter referred to as “Driver”), an employee of XXXXXXXXXX, and XXXXXXXXXX (hereafter referred to as “COMPANY”), a company based in XXXXX, XXXXX and, collectively, XXXXX XXXXXX as principal negotiating party for the company:

For the purpose of any “long haul” assignments or trips, or any assignment/trip paid on a per-miles-driven basis, COMPANY agrees to pay Driver $0.XX per mile compensation.

Compensation shall be calculated by factoring all miles submitted by Driver, and shall be based on actual miles driven as shown on the truck/trailer’s hub meter or speedometer. Submitted miles shall be honored for compensation regardless of whether the truck is pulling a trailer or driven “bobtail”, or whether empty or loaded.

It is acknowledged that the Driver is a professional, and in the ultimate position to evaluate the best/safest/ideal route in completing any delivery or trip. Therefore, compensation shall not be withheld or modified because of disagreement over reasonable deviations in the route taken to or from any destination. Driver shall have the authority to make such route determinations without prior express knowledge of or permission from XXXXXX or XXXX XXXX.

When the truck is disabled or cannot be driven or inhabited in a safe or legal manner while more than 5 driving hours from the company’s home base of XXXXX, XXXXXX COMPANY shall compensate Driver $XXX.XX per day for “Breakdown pay”.

When Driver arrives at the delivery destination on time, per a previously set delivery appointment or when the client’s shipping/receiving department is open to receive the delivery, whichever comes last, Driver shall be compensated $XX.XX per hour for “Detention pay” after the fourth hour of unloading or delay time.

Any required “lumper’s fees” are the responsibility of COMPANY.

Nothing contained in this agreement shall modify or eliminate the employee’s or company’s rights under the State Of XXXXX “At Will” employment statutes. Both Driver and COMPANY retain all rights to terminate the employment relationship at any time, and for any reason.

DEFINITIONS:​

“Home Base” means COMPANY'S home base location of XXXXX, XXXXX.

“Long Haul” means any trip or assignment that requires more than one single 14-hour D.O.T. legal workday to complete by returning to the company’s home base of XXXXX, XXXXX.

“Bobtail” means transporting or operating a commercial truck without a trailer attached.

“Lumper’s fees” means any compensation, not previously agreed upon between parties, that receiving personnel request or require for unloading Driver’s load.

 

Well, I don't think i'm asking for anything out of the ordinary. I'm asking for detention pay, breakdown pay, and to be paid for all miles - loaded or not.

I think mostly that's standard except for the big companies like Swift, CRST, etc.

The only other thing I included was a section about letting me decide what routes to take on the road. I don't want my boss shorting me on my check because he thinks I shouldn't have gone 50 miles out of my way to get around a wreck, traffic or having to chain up. And I don't wanna have to call him every time I wanna do it, either.

Having had some experience in Small Claims court and with small contracts, I think it's usually better to call these "agreements". When you label something a "contract" the court assumes you are more of a professional and will hold you to a stricter standard for contract law. Also, any time you want to make sure that something MUST be done in an agreement use the word "Shall" instead of "May" or "Will". "Shall" is a legal term that is understood to leave no room for mistunderstanding or deviation. Just make sure it works for you, not against you!

 

He doesn't really have much of a bad rep. I've just heard a few things and I wanna start off by nailing down how my pay is going to be calculated.

I earn a decent wage and work fair hours with good working conditions doing local work for him.

Every company i've worked for or applied to offered detention and breakdown pay. I guess I just thought most did. Produce/reefer companies may be different.

Redwave, what supplies do you mean? Only thing I can think of are truck parts (which would be under repairs) and fuel (which is obviously on them). It's not a flatbed job, so I won't be replacing tarps or straps.