Truck drivers offer vital services in the modern economy. In addition to delivering goods to different businesses and companies around our country, they also help take them to various retail stores, consumers, and manufacturers. Without their crucial services, you may be unable to visit your local store and buy whichever commodity you want.

On top of this, these truck drivers often work several hours to ensure the goods they are carrying are delivered on time to the correct destination. Unfortunately, truckers could receive unfair payment for their services or even be denied their rightful salaries.

As a truck driver, you may occasionally receive compensation that does not accurately reflect the number of hours you put in on the road each day. When that happens, our attorneys at Stop Unpaid Wages would gladly help you determine the right course of action to recover the unpaid wages, wherever you are in California.

A Look at Recent Trucker Unpaid Wage Case

Early in 2016, several truckers filed a class action lawsuit against Navajo Express, which is their employer. In this class action lawsuit, the truckers claimed that the company owed them wages under state and federal laws. The lawsuit stated that these truck drivers did not receive compensation for all their hours before and after completing their assigned driving routes.

Instead of receiving their payments hourly, this lawsuit stated that these truckers received them through a piece-rate system. That means these drivers only received compensation after completing certain tasks, not for how long they spent on the road to complete them. Piece‑rate systems must still ensure the effective hourly rate meets the minimum wage under the applicable wage order.

However, under this system, dividing the amount these truckers received as compensation by the number of hours they worked was lower than the lawful minimum wage rates. When you add other duties and tasks that the employer considers unrelated to their job, these truck drivers are far from receiving adequate compensation.

Within this lawsuit, truckers claimed that the employer, Navajo Express, lacked an excellent system for keeping track of each hour they dedicated to work, including hours they worked after or before making any trip. In light of this, the truckers argued that they ought to have received minimum wages for the time they spent waiting for and examining the loads.

Also, the truckers argued that their employer violated the required labor statutes by not providing them uninterrupted lunch breaks while on their jobs. This lawsuit highlights many unfortunate issues that many truckers face nationwide.

These issues are common, and they violate both federal and state laws. For example, it is unlawful for an employer to fail to give their employees uninterrupted lunch breaks or fail to keep a proper record of their work hours. If you are a truck driver and have received unfair compensation for your work or no reimbursement, consulting with a seasoned employment attorney could help.

The case explained in the above paragraphs is one of the many incidents that plague the trucking industry. When that happens to you, with the help of a skilled employment attorney, you can secure reimbursement for the unpaid wages, including overtime.

Prevalent Wage-Related Issues That Many Truckers Face

Truckers may encounter several difficulties in receiving fair payment and compensation, just like any other industry. Some truckers could experience worse treatment and conditions than others. Hence, every truck driver's situation is unique. Nonetheless, as with every employee, every trucker has specific rights while on his/her duty.

Sometimes, a problem with the employer could be due to negligence or unlawful activity. Hence, it is vital to comprehend your legal rights as a trucker. As a trucker, you have a legal right to adequate payment for all the hours worked, and your employer is legally obliged to comply with these payment guidelines.

There are statutes in place to protect your rights as a truck driver, even on a federal basis. Unfortunately, as a truck driver, you could face several wage-related problems, including (but not limited to) the following:

  • Inaccurate wage records
  • Overtime issues
  • Reimbursement issues

Generally speaking, you can submit a claim against your employer if you have a case involving wage non-payment or improper compensation. Understanding your rights as a trucker is key to knowing when a violation occurs and when to submit a complaint. Below is an overview of common wage-related issues many truckers encounter:

Improper Compensation

One of the main problems many truckers face with their employers involves improper compensation for their work. This could often mean that you were not compensated for the time you spent performing non-driving tasks associated with your job responsibilities.

In this context, you could receive compensation for your time on the road while driving. However, some of your responsibilities as a trucker may not necessarily involve driving. You could also be underpaid based on your wage if your employer pays you a piece-rate salary, as in the class action lawsuit case mentioned above.

You can file a lawsuit against your employer in either of these circumstances if you think you are not receiving adequate payment and compensation as you should. The first step you should take is to find out if your employer pays you the minimum wage for the work you do every day. Labor Code § 1171.5 ensures wage‑hour protections apply to all workers regardless of immigration status, but minimum wage and overtime rates are set by other code sections and IWC Wage Orders.

You can hold your employer liable for violating the labor laws if you receive any amount lower than the authorized minimum wage. Additionally, your employer should pay you all the salaries you have rightfully earned from the labor you have offered and all other work-related duties. When your employer refuses or fails to pay you for the labor provided, you can hold him/her liable for violating LC 1171.5.

When your complaint or lawsuit goes in your favor, you should receive adequate compensation for each work-related duty you rendered to the employer, including the non-driving activities accomplished, such as:

  • Waiting for the load
  • Inspecting the load

These tasks are included in your duties, meaning you should receive adequate compensation. Additionally, you deserve sufficient compensation if your employer fails to give meal breaks or rest breaks when on duty. When your employer fails to do so, you can hold him/her accountable under LC 226.7 to receive adequate compensation.

Overtime

Overtime payment is another wage-related problem that many truckers encounter. Overtime includes all the work-related duties you had to do beyond a specific set period of time for a workweek or a day. Since overtime payment differs from the usual wage rates, you should consult with an employment attorney to help you determine how much you deserve for the overtime.

Here are the rates for overtime pay and the requirements:

  • You should receive 1.5 times your regular salary when you work longer than 8 hours a day
  • You should receive twice your regular salary when you work longer than twelve hours a day
  • You should receive 1.5 times your regular salary when you work beyond forty non-overtime hours per week
  • You should receive twice your regular salary when you work beyond eight hours on the seventh consecutive day
  • You should receive 1.5 times your normal salary when you work seven days in a row during a workweek

Every employer must comply with these strict overtime regulations. Your employer commits wage theft when he/she fails to compensate you for the overtime hours, which is unlawful under LC 510.

Inaccurate Wage Records

Every employer should properly keep their employees' work hours for proper compensation. That could include overtime, standard working hours, or any other period you complete any task related to your duties as a trucker. LC 1171.5 clarifies that employers must adequately compensate employees for all the labor they offer.

Most importantly, the pay records should be accurate, reflecting all the hours you worked. As mentioned in the class action lawsuit case above, the employer had tampered with time sheets to show how many hours the employees had worked inaccurately. As a result, the workers were not fairly compensated for their labor, which is illegal.

Not Receiving Compensation

It is illegal for an employer to make you pay for work-related expenses without proper reimbursement. According to LC 2802, employers should compensate employees for all out-of-pocket expenses they incur when carrying out any job-related duty. As a trucker, these could be vehicle maintenance or gas money.

These cases are often related to scenarios where an employee misclassifies a trucker as an independent contractor to avoid reimbursing him/her for any business-related costs. If this happens to you, your employment attorney can help prove that you are an employee and not an independent contractor.

That means you deserve proper compensation for all your losses or out-of-pocket expenses while carrying out your duties.

Misclassification

Another wage-related problem truck drivers face is the issue of misclassification as an independent contractor. It is unlawful for an employer to misclassify you as an independent contractor with the intent of withholding your wages, overtime, or any other deserved compensation for hours you have worked.

When your employer classifies you as an independent contractor, you will receive your payment per mile and not for the hours you spent on the work, like any other employee. Hence, improper classification makes you lose deserved wages. You qualify for the status of an employee if your employer:

  • Is the legal owner of the truck
  • Gives you the routes
  • Plan your schedules
  • Prohibits you from carrying another person's or company's loads

In other words, if the above facts are true, your employer has significant control over you and your duties. On the other hand, you could qualify as an independent contractor if you have control over the truck and your daily activities and can work on your terms.

Otherwise, if you are not an independent contractor, your employer should compensate you for all your labor and reimburse you for any business-related costs.

As a truck driver, you should understand various practices your employer could use to deny you proper wages and compensation for your work. With the information covered above, you ought to be able to spot wage violations from your employer and take the necessary action.

Tips on How to Recover Your Proper Wages and Compensation as a Trucker

As a truck driver, you spend several hours on the road to ensure goods are delivered to various locations on time. Meeting all those targets requires dedication, but unfortunately, some employers could frustrate you when receiving wages for your labor.

If your employer has failed to pay you adequate wages or you think that he/she could do so, you should consult with an employment attorney immediately. Without a skilled attorney, recovering adequate compensation for the lost wages could feel overwhelming or impossible because, in many cases, your employer will also have an attorney to fight for his/her best interests.

If you believe your employer did not pay you adequate wages for your job, you should begin by informing him/her about the issue. Your employer has a legal duty to address and investigate any wage-related complaint you have as his/her employee. However, if he/she is reluctant to resolve the issue, you should consider filing a formal complaint against him/her with the labor commissioner.

If filing a complaint with the labor commissioner is the only option in your unpaid wage-related case, you must know that time is of the essence. With any claim, you must comply with the statute of limitations and file your complaint promptly. Otherwise, you could lose your right to hold your employer accountable for the unpaid wages when you fail to submit your complaint on time.

That is why it is vital to hire an experienced attorney to help prepare your claim and file it on time. Here are the timeframes for filing your unpaid wage claim against your employer:

  • If your case involves unlawful cuts from your payslip, minimum wage, or overtime, you must file your complaint within three years of that incident
  • If your case involves any oral promise that you will receive payment that exceeds the minimum wage, you should file your complaint within two years of that incident
  • If your case involves a written or typed work contract, you must file your claim within four years of that incident

When your case meets the above requirements, your attorney will file it with the Labor Office. To strengthen your complaint, you should collect all documentation and evidence that can help prove you deserve proper wage payment or compensation. Examples of documentation and evidence you should gather include (but are not limited to) the following:

  • Schedules
  • Timesheets
  • Pay stubs
  • Witness accounts

Ensure you attach all the necessary documents to your initial claim or report form. When the Labor Office accepts your claim, you and the employer will receive a notification on the way forward. Then, you can choose to enter into a settlement negotiation with the employer or his/her attorney, or file a lawsuit against him/her. 

With the legal assistance of your attorney and the deputy labor commissioner, a favorable negotiable settlement could be reached on your lost wages or compensation.

However, a hearing could be necessary if a settlement is not an option, either because the employer is not ready for it or the amount he/she is offering is unfair. During the hearing, you and the employer can present your testimonies about the complaint and provide evidence for scrutiny.

Usually, you will receive a decision on whether your employer owes you any compensation or lost wages the same day. If that is impossible, your claim must proceed to a civil court. If you have an attorney, he/she can offer the necessary legal assistance in every step to secure a favorable outcome. In a nutshell, your attorney can help you do the following:

  • Consult with the company or employer
  • Prepare your claim
  • File your claim
  • Attend any scheduled settlement and strive to secure a favorable outcome
  • Attend any scheduled hearing when necessary
  • Review the decision
  • Take your complaint to court

When your attorney takes your case to the court, a judge will determine whether you received proper wages and compensation for your hours of work. With proper arguments backed up with clear evidence, the claim could work in your favor, meaning the employer should pay you all the lost wages.

On the other hand, when you lose the hearing, meaning your employer wins the case, you will not receive any payment or compensation. A seasoned attorney is key if you believe your employer has denied you adequate wages or compensation for all your labor.

Types of Compensation You Could Receive

If your claim works in your favor, you could receive compensation for the following:

  • Overtime
  • The time you spent inspecting and loading the truck
  • Unpaid work during rest and meal breaks
  • Any maintenance expenses you have incurred
  • Mileage

Other Employment Law Concerns That You Could Face as a Truck Driver

If you are a trucker and are an employee for any company, you should know that you have rights like any other employee under state and federal law. Other common employment issues you could face include (but are not limited to) the following:

  • Harassment
  • Discrimination
  • Denial of unpaid or paid leave
  • Denial of workers' compensation
  • Equal pay violations
  • Denial of any disability accommodation
  • Illegal deductions from your paycheck
  • Wrongful termination
  • Retaliation for being a whistleblower

Truck Driver Wages and Overtime Pay Frequently Asked Questions (FAQs)

Below are common and frequent questions that many truck drivers ask regarding their wages and overtime pay:

  1. What Would Make My Employer Classify Me as an Independent Contractor?

Two possibilities could make your employer classify you as an independent contractor instead of an employee. The company or your employer could be trying to save money because he/she is not legally obliged to pay independent contractors minimum wage, overtime, or workers' compensation insurance.

Another possibility is that the employer is confused by the state and federal statutes explaining the difference between independent contractors and employees. An employment attorney can help if you believe your employer misclassified you as an independent contractor at your expense.

  1. Does Per-Load or Per-Mile Replace the Minimum Wage Requirement?

Your employer could try to pay you based on the miles you travel or the load you deliver, claiming that this compensation plan is fair and incentivizes you to drive more efficiently. However, as a truck driver, you should know you will likely handle other work-related duties that do not involve driving. For example, inspecting loads and goods you will carry, attending meetings, and fueling the truck.

Hence, the per-load or per-mile payment plan will not favor you, and you will receive less payment than the labor you have offered. When you engage in other work-related duties besides driving your truck, you should receive proper compensation for the labor and time.

Unfortunately, a per-load or per-mile plan does not address these work hours. It will be unlawful for your employer to replace hourly payments with per-load or per-mile compensation. If you are concerned about your compensation arrangements with your employer, consult your employment attorney for legal guidance.

  1. Why Do I Need an Employment Attorney for My Wage-Related Issues as a Trucker?

In addition to being your legal counsel, your attorney can help you confront large corporate employers and companies to increase your chances of securing a favorable outcome. Usually, your employer will likely have an attorney to protect his/her best interests, which makes it vital to have an attorney in your corner to help prove your side of the story and why you deserve compensation for all your hours.

Find a Credible Employment Attorney Near Me

As you can see above, wage-related issues for a truck driver are complex. Consulting with an attorney should be your first step if you are a truck driver and believe your employer has misclassified you as an independent contractor or violated your wage rights.

At Stop Unpaid Wages, we understand that those wealthy employers or large companies are not above the law. Even in the trucking industry, employers must comply with certain regulations and uphold the rights of all employees. We invite you to call us at 424-781-8411 if you are a truck driver and have any wage concerns, wherever you are in California.