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allowance (the per diem allowance).3 Short-haul drivers were
paid a flat weekly salary, in addition to the 6.5 cents per mile
per diem allowance. The total per diem allowances, so
calculated, were included in the drivers’ paychecks issued by ATS
and were listed on the corresponding check stubs under the
category of current deductions and reimbursements, separate from
amounts listed as earnings. The drivers were not required to
turn in receipts to receive the per diem allowances or otherwise
to account for the manner in which they spent the allowances.
Per diem payments to the Beech Trucking drivers totaled
$839,169 and $956,261 for 1995 and 1996, respectively.
Expense Reimbursements
The drivers’ paychecks included, in addition to the amounts
previously described, expense reimbursements. The Beech Trucking
drivers were reimbursed $25 per day for “layovers” when they were
detained for at least 24 hours waiting for a load or waiting for
a truck to be repaired; otherwise, they were not separately
reimbursed for lodging expenses, overnight parking, or showers.
The drivers were reimbursed for such items as tolls, “lumpers”
(charges for loading and unloading trucks), scales expenses,
truck repairs, and similar items. The drivers turned in their
3 The record is silent as to how this per diem rate of 6.5
cents per mile was derived. Beech Trucking maintained no written
plan to govern per diem allowances or other reimbursements. The
record does not indicate whether ATS maintained any such written
plan.
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Last modified: May 25, 2011