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Are Truck Drivers Supposed to Be Paid For Time Waiting For Loading & Unloading?

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“When I seek out professional advice, I don’t want B.S. I want it straight up, with no double talk. I figure you do also. I always use plain English, with no sugarcoating, no B.S. lawyer talk, and no double talk-just old fashioned, unsweetened, unvarnished truth-just the way that I would want it.” -Bill Turley 

Trucker Trucking Lawyer Delivery Driver Attorney Class Action California

Working Hard for The Rest of Us

When it comes to California Truck and Delivery drivers, there is no one who works harder then these men and women. They provide for the rest of us and they bust their butts while their doing it.

And the one thing that ticks me off more then anything, is seeing these hard working folks like yourself getting ripped off by the companies they work for.

The Next Step

I recommend you reading my free book, California Truck and Delivery Driver Wage Theft: The Ultimate Straight Talk Guide To Getting Your Hard Earned Wages Back. It is full of useful information to help you earn your money back. I will send it to you for free and cover shipping.

Check out the 5 Star Amazon reviews that my book has received from Californa Drivers like yourself, who wanted to learn about their rights under California law. 

Waiting Time for Drivers

Many of you know that I represent more truck and delivery drivers than any lawyer in California. Many of my clients are paid by the mile or by the run. Sitting at a terminal waiting for the truck to be loaded or unloaded usually means that you aren’t getting paid?   Most companies don’t pay for time waiting for the load to be loaded or unloaded. Is this legal?  

For drivers, “waiting time” has to be distinguished from “waiting time penalties.”  They are very different.   “Waiting time” for drivers is the time you spend waiting, usually in the truck or near the truck. For example, time you spend waiting for the truck to be loaded or the time spent waiting for a terminal to open up.

“Waiting time penalty” is a payment that is owed California workers when their pay is not properly provided at time of termination. I have a many posts on waiting time penalties.  This post is about the driver waiting time.

Many trucking companies and delivery companies don’t pay for waiting time. The way this goes down is when you make a delivery and have to wait while the truck is being unloaded or you have to wait at a terminal until it is your turn for your truck to get unloaded. Not getting paid for this waiting time is illegal under California law.

Under California piece rate compensation laws for truck drivers, the company has to pay you for all the time you work - not just for piece rate items.  This includes waiting for a terminal to open up or waiting in line at a terminal.

Under the California law, the time you spend as a truck driver waiting for goods to be loaded or unloaded are hours worked that the company has to pay you for.

What can I do?

Make no mistake about it, this is another form of wage theft.  The company is stealing your money.  You can be a silent victim - or you can stand up for your hard earned wages.

If you still work at the company - you may be concerned about getting fired if you file a claim.   If this is your concern, I can help you with this.  If you don’t work at the company anymore, you can get your wages back for the last 4 years under California law.

Disclaimer: Please understand these discussions and/or examples are not legal advice. All legal situations are different. This testimonial, endorsement and/or discussion does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, your particular case/ situation and/or this particular case/ situation. Thanks, Bill Turley

1 Comments:
Im a company driver. I delivered load Monday last in Kentucky. . im based out of California. Im still waiting to get a load. My come also has had me out 22 days while not paying me anything for the work ive done. Im out ofmoney starving and not sure what can do. Help. They still wont bting mr in and i have docs apt on tuesday that i was injured on this job and never allowed to go to thwork comp doc. I will miss this apt.
Posted by Robert Locksley on November 12, 2016 at 09:53 AM

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