Are Truckers Entitled to Paid Breaks?

Are you a truck driver or transportation provider? You may want to make sure that your wages are accurate, as there have been several cases in the news recently involving companies paying less than minimum wages set by California labor laws. Photo of time card

Remember, it is not uncommon in the transportation industry for employers to misclassify workers. This occurs when they denying workers overtime or pay them less than legal wages by considering them “independent contractors”, which also allows them to skip out on benefits.

Misclassified Truckers Argue for Back Wages

Recently, a California trial court awarded a group of truckers almost $1 million in damages after they accused Oakland Port Services Corp., d/b/a AB Trucking, of failing to pay them for all hours worked, misclassifying some drivers as unpaid trainees and failing to provide required meal and rest breaks.

According to HR.BLR.com, the company attempted to argue that the Federal Aviation Administration Authorization Act of 1994 (FAAAA) preempts California law governing meal and rest breaks to motor carriers.

However, attorneys for the plaintiffs’ were successfully able to argue that California law allows all employees to take a 30-minute duty-free meal break during a work period longer than five hours unless a work period of not more than six hours is completed.

Should Truck Drivers Be Paid for Meal Breaks?

If your employer has denied you meal breaks, contact our labor attorneys today. Remember, if your employer denies you a meal break, it is required by law to pay you one hour’s worth of pay for every day that it denied you a break, so you may be entitled to back wages. In addition to contacting our firm, you may file a claim with the Division of Labor Standards Enforcement.

We offer free consultations and can evaluate the strengths of any potential case.

Kesluk, Silverstein & JacobLos Angeles employment attorneys

Did You Know? Taco Bell is currently involved in a class action lawsuit over allegations of failing to provide employees with paid meal breaks.