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paid by percentage truck driver Florida

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  • paid by percentage truck driver Florida

    I was paid percentage of what the truck grossed every week. My dilema is-Is it ok for any employer to mandate that the driver sit around and wait without pay until dispatched to next load no matter how long and to what extent? Was my obligation as an employee over once I delivered my previous load since my pay is determined only by time securing, transporting and delivering load? I am considered a local truck driver- all freight that was hauled stayed in Florida. Any info would be helpful!!!!!!

  • #2
    When you divide the number of hours that you are working, including those where you are waiting for an assignment, by the total you are making per week, does it equal at least minimum wage?
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


    • #3
      Employer forbid (in writing which I still have) from keeping track of times. In Florida there is a 200 air mile radius from (home base) in which if you travel you are not required to keep log books. There is no record of time spent on job. In this specific situation I arrived at work at 4:30 am, accomplished duties, was empty by 10 am and was not scheduled to pick up another load. Approximately 4 pm, dispatcher informed me that I was booked to pick up a load the following morning at 7 am. Employer stated that I was required to remain in the truck (without compensation) instead of driving back to the company yard in order to save fuel. At this point I had been at work for 11 1/2 hours and since I am paid by percentage had only made $66.50 and had 15 hours to go until I would be making more money.


      • #4
        If you knew at 4 PM that you didn't have to be on the job until 7 AM, then that time is not compensable. It doesn't matter that you didn't drive the truck back to the yard to park it until 7 AM. The time between 4 PM and 7 AM was yours. The time after 10 AM may also not be compensable dependiung upon how free your time was. If you could use your time for personal pursuits and just had to be available by cell phone, then that is not generally enough of a restriction to require that time be counted as hours worked. Either way you are making at least minimum wage.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


        • #5
          You do not state if your truck has a sleeper or if it is a daycab. Only that you are a local driver. This will make a diffrence as to how the law is written because if you are in a day cab and are more than 50 miles from your home terminal then they have to provide you with sleeping accomidations. Also I believe that as a local driver they cannot work you more than 15 hours. But I am not sure that is the case since you are being paid on a percentage. Also the DOT does require that you keep some for of a log. It, as you state, does not require you to keep a log book but still there should be some type of records on the loads delivered.


          • #6

            Are you a CDL driver? Is the truck you drive a CMV?
            Last edited by BnThrDnTht; 05-20-2007, 02:00 PM.


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