Is it legal for an employer to cut your wages by a half?
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Is it legal for an employer to cut your wages by a half?
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My husbands employer has recently cut his pay by half, he is a truck driver and his employer is taking fuel prices for the day out of the gross (for the day) and then giving him a percentage of that. Is this legal? (Some days are below minimum wage and one day he worked for 10 hrs for $45.) Additional Details Please don't say that he should quit, there isn't anything out there right now, but he's looking, and will be gone as soon as the opportunity presents itself.
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Shane
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Illegal and employer cannot do this. I am referring to the fact that he cannot pay your husband below minimum wage. It is very clear under the Federal Labor Standards Act drivers are to be paid by the hour for their work. Additionally, why is your husband paying for the gas? That is not his responsibility unless it is his truck. There is no profit and loss on your husbands part because he is an employee and not an independent contractor. His boss would take the loss come next tax season. What a sc*m bag. I am so sorry. Everyone is getting burnt some worse than others. |
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ladygodiva1953
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The problem is that truck drivers are not covered under the same labor laws as other workers in most states...this is a throw back to the days of regulation. Truckers are considered unskilled labor along with migrant workers.
Unless, your hubby has a written contract with the boss specifying his percentage and whether it is before or after running expense, there is little that he can do legally.
Many companies at this time are cutting wages and benefits and putting the onus of the high fuel costs onto the driver.
Rereading you question, I almost think that the boss is taking off the fuel surcharge that he is getting from brokers and shippers to offset the high price of fuel...this could be up to $.70 a mile. If he is booking cheap rated freight then taking off fuel surcharge (which is his total right as the buyer of the fuel) then that would leave little to get percentage pay on. Freight rates without fuel surcharge are as cheap as $ .60 per mile in some areas.
I suggest that you tell your hubby to find a job that pays mileage instead of percentage of the load.
Good Luck to ya both! |
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danny14551
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Truck drivers are not cover by minimum wage laws and the employer legally can do it. He will just have to wait it out. |
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charisma
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well, if the fuel is a business cost the employer needs to re emburse him fully.. |
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eudoraj
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It really depends on the state- I know that its illegal in Oregon (my husband had some similar types of wage issues and I read the laws like crazy.) Unfortunately most states don't have their laws clearly posted and easy to read for even they laymen (one of the few positive things Oregon did have) and so you may have to meet with a lawyer too figure it out. Or if your state has a bureau of employment or wage enforcement then they could tell you. You can start by trying run a search for your state wage laws. |
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william f
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Why not he's a contract worker! he's not working by the hour. |
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KiMbErLeE
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I don't think it is. I'd call around , maybe to workforce services i your state and make sure. I think the employer is suppost to cover the costs or fuel and stuff. |
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The End
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Thats not legal,contact your local labor board and talk to them.I'm sure they will be able to help you.You can find them in the phone book or call information.Good luck. |
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