Truck Drivers Unpaid Wages
Truck drivers who are paid by the mile or by the load and may be owed unpaid wages! If you think that your employer might not be paying you all wages you are owed, please contact us for a free and confidential case evaluation.
As most long-haul truck drivers are paid based on a percentage of the load or by the mile, the total pay they receive for a week’s work, when divided by all hours worked, must equal at least $7.25 per hour, which is the FLSA’s current minimum wage. If that average hourly pay is less than $7.25 per hour, then the employer owes the truck driver twice the amount of unpaid minimum wages plus mandatory legal fees and costs.
The Supreme Court Ruling
On Tuesday, Jan. 15, the U.S. Supreme Court unanimously ruled that trucking companies cannot force drivers into forced arbitration (Case No. 17-340, New Prime Inc., Petitioner v. Dominic Oliveira). That ruling applies to drivers who are labeled as employees in addition to those who are labeled as so-called independent contractors or owner/operators.
What Does This Mean For You?
This law has been clarified to require trucking companies to count 24 hours per day as “hours worked” by drivers under the FLSA unless there is an agreement with the driver to exclude a maximum of 8 hours per day for meal and berth time. So, for a long haul driver, that means that the hours worked per day are no less than 16, and possibly as many as 24. While the maximum hours of service under DOT standards might make many drivers think their maximum hours counted for “work” are 70 per week, there is a different standard when it comes to calculating the hours that are “work” for pay purposes.
That distinction in what counts as hours worked per day under the FLSA has important results for all long haul drivers, but especially those paid by the mile or by the load.
“This week’s ruling by the Supreme Court is an important victory for the thousands of long-haul truck drivers across the country who have been getting a raw deal,” said Allen Vaught, head of the Employment Law Group at Baron & Budd.
The employment law attorneys at Baron & Budd have represented thousands of employees throughout the United States. They are known and respected for their results and experience in the field of employment law. If you think that your employer might not be paying you all wages you are owed, please contact us at 866-468-3457 or complete our contact form for a free and confidential case evaluation. There is no out of pocket cost to you for a consultation to learn more about your state or federal employment protections.