California Drivers Paid By Miles Driven, Number of Stops and Weight Delivered Are Getting Ripped Off By The Trucking Company
If you are paid by the miles driven, number of stops and weight delivered, you are also most likely not getting all the pay you are entitled to under California wage and hour law. California truck drivers paid by the miles driven, number of stops and weight delivered or by similar systems are known as piece rate drivers in the industry. Yet what we have seen is that almost every pay system like this for drivers is illegal in multiple ways. And, importantly for you, the wages you are owed can really add up fast.
California law requires drivers to be paid at least at the minimum wage rate for each hour of work ($9 after July 1, 2014), which effectively prohibits California truck companies from averaging out the piece rate compensation over an entire work week.
In other words, even though the California truck company’s system may have met federal wage and hour requirements, California law requires that for each work hour (or part of an hour), a California truck driver must be paid either an agreed rate or the minimum wage rate, and prohibits an employer from applying any part of any employee’s piece-rate pay as a credit against its minimum wage obligation.
Where we see California truck companies screw over their drivers is not paying for pre-trips, post-trips, waiting time (i.e., sitting in the truck and not getting paid). In addition, you are entitled to paid rest periods (none of these pay systems pay for rest periods and you are probably not getting your statutory meal period, because you aren’t relieved of all duty.
California Truck Drivers Who are Paid On a Piece Rate are Entitled to Overtime.
A "piece rate" is where the driver is paid a fixed amount of money for a given piece of work; this includes California drivers who are paid by the miles driven, number of stops and weight delivered or by similar systems. You are entitled to overtime, whenever more than 8 hours in the day or 40 hours in the week were worked. There are exceptions to this - for more information give us a call.
The Joy Of Math (Getting Your Hard Earned Money Back)
Getting your money back from the trucking company that has ripped you off is what I refer to as the Joy of Math. In many instances, we are talking 10's of thousands of dollars. Seriously. This can mean big money, and those minutes and breaks add up.
We Know Trucking
We have offices up and down California. We are the largest truck driver wage and hour law firm in California. We know trucking. We have offices in Oakland, San Francisco, Los Angeles, Bakersfield and San Diego.
We can help you get the money you deserved on your paychecks.
Call us today.
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.