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John, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 5619
Experience:  Licensed and practicing attorney experienced in consumer protection law.
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I am a percentage based truck driver 26% of what the load

Customer Question

I am a percentage based truck driver 26% of what the load pays. the company I work for charges a fuel surcharge. On a load of 450 miles they billed the customer over $4000.00 of which the fuel surcharge was inflated to $2300.00 and I was paid 26% of the remaining $1700.00 which came out to $442.00 I did not spend $2300.00 on fuel for the entire week. Is it legal to inflate the fuel surcharge to lower the wages of a percentage based employee?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  John replied 1 year ago.

Hi, thanks for submitting your question today.My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today.

Unfortunately, yes this is legal. This is because there are no laws regulating what a shipper can charge to its customer for fuel surcharge and the shipping industry is free to use whatever formula it desires in making that determination regardless of whether it reflects the actual cost of fuel or not. The truck driver is powerless in the equation as well because they have no say in the amount or formula used between shipper and customer. The only thing you can really attempt to do is renegotiate your rate with the shipper, which is easier said than done because they just may not use you any longer. This is the unfortunate reality of the situation. There have been congressional hearings regarding this, but no law has ever been passed.

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