QuestionQUESTION: I currently work for a small fleet O/O whom hired me due to past experience where others wouldn't because of a multi- year span of not driving. For this I am grateful. However, I am supposed to be getting paid a percentage of gross to the truck; and none of my pay stubs show any amount of the trucks revenue. What are my options on this?
ANSWER: Hi Rick, You are entitled to a copy of the actual freight bill showing the freight charges according to Federal Law.
You can make a compaint to the Federal DOT if company refuses to give you this copy. Good Luck, J P Long, Transportation Consultant. Web site: www.longdataser.com
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QUESTION: Thanks J.P.. Where can I find this Federal Law to back up my argument?
Answer Where can I find this Federal Law to back up my argument?
If you are a leased owner-operator, here is the regulation wording:
(g) Copies of freight bill or other form of freight documentation — When a lessor’s revenue is based on a percentage of the gross revenue for a shipment, the lease must specify that the authorized carrier will give the lessor, before or at the time of settlement, a copy of the rated freight bill or a computer–generated document containing the same information, or, in the case of contract carriers, any other form of documentation actually used for a shipment containing the same information that would appear on a rated freight bill. When a computer–generated document is provided, the lease will permit lessor to view, during normal business hours, a copy of any actual document underlying the computer–generated document. Regardless of the method of compensation, the lease must permit lessor to examine copies of the carrier’s tariff or, in the case of contract carriers, other documents from which rates and charges are computed, provided that where rates and charges are computed from a contract of a contract carrier, only those portions of the contract containing the same information that would appear on a rated freight bill need be disclosed. The authorized carrier may delete the names of shippers and consignees shown on the freight bill or other form of documentation.
The above comes from the leasing regulations at this link: http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/376.12.htm
If you are an employee of a trucking company and are paid on percentage, I don't know of a rule like that that applies. You might contact our member assistance department at 800-444-5791 and discuss your specific situation with a representative in the compliance group.
I hope this is helpful.
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From: JLONG2500@aol.com [mailto:JLONG2500@aol.com]
Sent: Thursday, July 12, 2007 6:07 PM
To: donna_ryun@ooida.com
Subject: PERCENTAGE DRIVER PAY REGULATION
Hi Donna, Please inform me where I may find the regulation that requires the motor carrier to give a copy of the freight bill with charges to the driver being paid on percentage.. I found you info re: broker pay does the same regulation apply to motor carriers ? Thanks J P Long,.Transportation Consultant. Web site: www.longdataser.com JLong2500@aol.com
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