fuel surcharge

I would say it should be spelled out in your contract

 

Do you have any ownership in the truck? If not, then why should you be entitled to any of the surcharge? Strictly speaking, 100% of the surcharge should go to the truck.

 

If I'm reading you correctly, it sounds like your boss stopped charging the Fuel Surcharge (FSC)? I find that hard to believe. Are you comparing equal runs and are you sure they didn't just adjust the invoice so that the FSC is integral with the shipping rate? (although that's a dumb way to do things). Anyhow, if that is the case, then you've got two reasons to leave him: 1) he's ripping you off by making you take a forced paycut that you didn't agree to, and 2) he's going to be out of business soon if he's not adding an FSC.

 

If you do not own the truck and pay for the fuel, then the correct way of paying the percentage would be to remove the fuel surcharge and pay only on the freight rate. The fuel surcharge should be given to the person who is going to pay for the fuel on the freight.

 

I'm in left field here, so would someone explain? There is a "national fuel surcharge" of 4.19%? Who establishes that and what is its purpose? I know we're paying our freight carrier 7.75% on ground and 25% on air shipments.

 

I understand that all of the fuel surcharge goes to the company, but here is my question. I am a company driver hired to get 24% flat rate. When the broker pays a fuel surcharge it goes to the company, but when the broker only pays a flat rate, my company makes there own fuel surcharge, pulls it off the flat rate and then pays 24% after they have adjusted the pay. Is that legal????

 

Yes, it is legal. If your claim is that your employer is defrauding you than the burdon of proof is on you.

 

Sounds to me that he's being a bit creative with your pay. I've never been in that situation personally but I'd think that if you got a load that paid say, $1200 + FSC, then, as you stated, the owner would take out the FSC and then pay you your 31% off the $1200.

If there's no FSC negotiated into the contract then there shouldn't be one taken out of the load. So, on that same $1200 load without a FSC, you should still get that same 31% of $1200. The owner would be out the FSC. That's the way it SHOULD be, IMHO. That doesn't mean that that's the way it is, however. To me, that's called a "cost of doing business" and the owner has the option to try to negotiate a FSC or refuse the load if it's not going to be profitable. He shouldn't make it profitable to the company on your, the driver's, back.

I'd talk to him one on one, not over the phone, if at all possible. Maybe have a plan B ligned up first, just in case.