Where do I find LAWs regarding pay on % of load?

Discussion in 'Trucker Legal Advice' started by HeavyHauler, Mar 27, 2010.

  1. HeavyHauler

    HeavyHauler Bobtail Member

    Before I get myself fired, are there any specific laws concerning getting paid on commission? I know we're getting screwed but want a leg to stand on....
     
  2. Scuby

    Scuby Heavy Load Member

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    As far as I know there isn't.
     
  3. ironpony

    ironpony Road Train Member

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    Its a civil/economic issue that puts it into the arena of contract law. If you aren't getting what you're supposed to, read the contract, take it to an attorney.

    The only thing in federal law is there is something in the FMCSRs that says you have the right to view the original shipping contracts between your carrier and the shipper on all loads you have pulled - at their primary terminal.
     
  4. HeavyHauler

    HeavyHauler Bobtail Member

    Do you have any idea where? I've been looking but I can't find anything relating to pay.
     
  5. TankerYankr

    TankerYankr Light Load Member

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    49CFR section 376. The truth in leasing laws,
     
  6. TankerYankr

    TankerYankr Light Load Member

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  7. ironpony

    ironpony Road Train Member

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    Part 376.12 of the FMCSRs covers "Written Lease Requirements." That's pretty much all there is in the regulations on the content of a motor carrier lease. The rest of it requires an attorney and a courtroom - depends on getting the terms of your lease enforced by a court.
     
  8. amscontr

    amscontr Light Load Member

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    That's if you're an Owner-Operator, if you're a company driver you're pretty much screwed.
    Company drivers getting paid percentage should have the same "rights" but they don't. So if a company decides to pay 25% of whatever they feel like paying you, you don't have a leg to stand on. I hope someone can prove me wrong because I know of a company that screws their drivers royally like this. The drivers just sit back and take it as well so it's their fault for not standing up to them.
     
  9. truckersjustice

    truckersjustice Light Load Member

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    There is no federal law requiring motor carriers paying on percentage to provide employee drivers with copies of the rated freight bills. The truth in leasing regs. (mentioned above) do include a provision requiring provision of the freight bills, or a computer generated document containing the same information that would appear on a rated freight bill, to the owner operator. It also requires the carrier to allow the owner operator to inspect and review the rate sheets from which the rates are computed.

    Paul Taylor
    Truckers Justice Center
    www.truckersjustice.com
     
    rjones56 Thanks this.
  10. ironpony

    ironpony Road Train Member

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    You might want to actually read the FMCSRs.
     
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