As we have mentioned in the past in our blog, transportation companies commonly misclassify drivers to pay them lesser wages.
Recently, a federal court ruled that a lawsuit brought on by truckers with Wal-Mart could proceed as a class action case. The driver who initiated the lawsuit claims that the company does not pay the minimum wages required by state laws, nor are drivers allowed to take required meal and rest breaks. The driver claims that this has been occurring with the chain since 1993.
Additionally, the driver claimed that he did not receive proper wage statements. The judge overseeing the case, U.S. District Judge Susan Illston, ruled that the waiting-time penalty and minimum wage claims could proceed as a class action. However, the wage-statement claims were denied class action status.
The plaintiff claims that Wal-Mart pays drivers per mile and as a result, they are denied pay for things like “equipment inspections, rest breaks, time fueling and washing the tractor, time at weigh stations, time completing paperwork, wait time and layovers.”
Can I File a Wage Lawsuit If I Am a Truck Driver?
Remember, all employees, even those involved in transportation, are required to be paid at least state minimum wages. There are laws that exist to ensure that employees are given fair and just compensation for the work they perform, regardless of what they do for a living.
Often, transportation providers attempt to work around these laws by classifying employees in various fashions, like as independent contractors, or by paying them by the mile and not paying them enough for waiting periods.
If you have experienced an unfair wage and overtime issue or have been wronged by your employer, you may be able to file a lawsuit to obtain compensation. We can investigate your case to see if you have a feasible claim, and hold your employer liable if it owes you money.
Kesluk, Silverstein & Jacob– Los Angeles employment attorneys
Did You Know? Employers often misclassify truck drivers as independent contractors as a way to avoid paying them overtime.