Kind Of Need Help. Not Getting Paid What I Should

Topic 33589 | Page 1

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John D.'s Comment
member avatar

Hello! I'm a company driver with a CDL , and I've been working as an independent contractor on a 1099 basis for the past couple of months. My primary job involves hauling Amazon relay loads. I'm supposed to be paid 30% of the gross earnings for each trip, but there's a discrepancy in the actual price I'm paid. I've noticed that I don't receive any confirmation of the exact trip price except for what the dispatchers tell me. Recently, I called Amazon support to inquire about the payment for a trip, and it turned out to be 20% more than what I was informed by the dispatchers. Does anyone have advice on what steps I can take legally to address this situation?

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

Dispatcher:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.
Old School's Comment
member avatar
Does anyone have advice on what steps I can take legally to address this situation?

What you're experiencing is good old double dipping by a broker. It's a common problem in this business.

My first advice is to stop doing contracted 1099 work. You shine a bright light on one of the many reasons we discourage folks from taking the path you've chosen. Everybody thinks they can make more money by working this way. Guess what? All the people handling your loads think the same thing. The problem is they hold the power. You have zero control in the process - you just take what they claim is yours. It's a terrible business model.

You can try joining OOIDA. They may be of some help. My suggestion sounds simple, but it will save you a lot of grief. Just cut your losses and find a really good job as a company driver.

OOIDA:

Owner-Operator Independent Drivers Association

Who They Are

OOIDA is an international trade association representing the interests of independent owner-operators and professional drivers on all issues that affect truckers. The over 150,000 members of OOIDA are men and women in all 50 states and Canada who collectively own and/or operate more than 240,000 individual heavy-duty trucks and small truck fleets.

Their Mission

The mission of OOIDA is to serve owner-operators, small fleets and professional truckers; to work for a business climate where truckers are treated equally and fairly; to promote highway safety and responsibility among all highway users; and to promote a better business climate and efficiency for all truck operators.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Old School's Comment
member avatar
I'm a company driver with a CDL , and I've been working as an independent contractor on a 1099 basis

Just for clarification... you can't be both. You are one or the other. A company driver receives a W-2 showing his earnings. An independent contractor receives a 1099 showing his revenues. Your employer is cheating the rules if they tell you you're an employee, yet give you a 1099 for your annual wage statement. If they will cheat like that, they will keep cheating you in other ways too.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

OWI:

Operating While Intoxicated

PJ's Comment
member avatar

He is probably working for a small fleet owner who is signed up with amazon relay. He has no real way of knowing what amazon is paying the owner. However I do know their pay is on the low side.

There are plenty of these types of folks out there. They normally hire drivers that can’t get a job anywhere else. Not always, but seems to the the prevailing trend.

My advice is get out of that situation and on with a reputable carrier. Many are starting to advertise hiring again in various areas.

OWI:

Operating While Intoxicated

EPU:

Electric Auxiliary Power Units

Electric APUs have started gaining acceptance. These electric APUs use battery packs instead of the diesel engine on traditional APUs as a source of power. The APU's battery pack is charged when the truck is in motion. When the truck is idle, the stored energy in the battery pack is then used to power an air conditioner, heater, and other devices

Mike J.'s Comment
member avatar

If not happy, find a new job, end of story ! Nothing new with this ,it has worked for hundreds of years !

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