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Is taking a fuel surcharge from a company drivers pay legal?

Discussion in 'Trucker Legal Advice' started by DHR1, Dec 5, 2017.

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  1. Dec 5, 2017 #1
    DHR1

    DHR1 Bobtail Member

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    As a former owner operator, I recently started working as a company driver at a smaller trucking company and when I received my paycheck, I noticed the numbers didn't add up so when I asked them they say they take a 15% fuel surcharge out the drivers pay, to my knowledge the fuel surcharge is charged to the shipper not the driver, Is this legal? I was never made aware of it when I hired on with them
     
    DHR1, Dec 5, 2017
    DHR1, Dec 5, 2017
    #1
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  3. Dec 5, 2017 #2
    JReding

    JReding Road Train Member

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    Hopefully someone else has a better answer. Illegal? I don't know, but probably not. Unethical? Completely! Fuel surcharges should always go the the party being billed, either the shipper or the consignee, but never the driver.
     
    JReding, Dec 5, 2017
    JReding, Dec 5, 2017
    #2
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  4. Dec 5, 2017 #3
    DHR1

    DHR1 Bobtail Member

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    Thanks, Yeah that's kind of where I'm at with this too, just trying to see if it was legal or not before I try to do something about it, who would I ask about the legallity of it?
     
    DHR1, Dec 5, 2017
    DHR1, Dec 5, 2017
    #3
  5. Dec 5, 2017 #4
    Sharky88

    Sharky88 Heavy Load Member

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    Illegal? Hell yes you are a company driver not a contractor the fuel is a company expence and can not be charged to you. I would call the state labor board and let them know, and see what you can do to recoup your wages. I would also find another company
     
    Sharky88, Dec 5, 2017
    Sharky88, Dec 5, 2017
    #4
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  7. Dec 5, 2017 #5
    Roger McG

    Roger McG Light Load Member

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    Oct 22, 2016
    western mass
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    Well my take on it is if you don't buy the fuel as a driver for the company I don't believe should be entitled to the fuel surcharge.Do you work for a percentage of the rate? If this is the case I believe you should be paid a percentage of the rate only. Hence there is the rate for the load plus the fuel surcharge on the companies settlement
     
    Roger McG, Dec 5, 2017
    Roger McG, Dec 5, 2017
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  8. Dec 5, 2017 #6
    pattyj

    pattyj Road Train Member

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    If you don't mind me asking how much is your company paying you per mile?None the less I wouldn't be paying the company to help with fuel as a company driver.
     
    pattyj, Dec 5, 2017
    pattyj, Dec 5, 2017
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  9. Dec 5, 2017 #7
    DHR1

    DHR1 Bobtail Member

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    DHR1, Dec 5, 2017
    DHR1, Dec 5, 2017
    #7
  10. Dec 5, 2017 #8
    Roger McG

    Roger McG Light Load Member

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    Oct 22, 2016
    western mass
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    If the company is getting a 15% fuel surcharge on all freight and taking 15% from the full rate fuel surcharge included I don't see any trouble, if the company isn't getting a fuel surcharge and are taking 15% from your pay then I think that's a problem
     
    Roger McG, Dec 5, 2017
    Roger McG, Dec 5, 2017
    #8
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  11. Dec 5, 2017 #9
    DHR1

    DHR1 Bobtail Member

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    Luckily I just started with them a couple weeks ago, so I dont have alot to try and recoup, as far as I know they've been doing this for at least 3 or 4 years
     
    DHR1, Dec 5, 2017
    DHR1, Dec 5, 2017
    #9
  12. Dec 5, 2017 #10
    DHR1

    DHR1 Bobtail Member

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    I get 29% percent of the load, I brought my customers with me to them, so I know the rate on my freight and there is no surcharge, there taking 15% out of my pay after the 29%
     
    DHR1, Dec 5, 2017
    DHR1, Dec 5, 2017
    #10
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