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Why Drivers Getting Paid By The Run Is Illegal under California Wage Law

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Wage & Hour Lawyer California Trucker Delivery Driver Attorney

“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

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. That is what drove me to write the book, California Truck & Delivery Driver Wage Theft. You will find that it is full of helpful and useful information. You can order it on Amazon but I will send it to you for free and cover the shipping.

Before you order it, head on over to Amazon and check out all the 5 star reviews. They were written by folks like you who wanted to know if they were getting ripped off by their employer.

Driver Wage and Hour Lawyer Straight Talk

I spoke to a truck driver last week who asked me if it was legal to pay drivers by the run in California. And If you are a truck driver or delivery driver in California and you are paid by the run, then its time to listen up. Because you are most likely getting cheated out of thousands of dollars in wages each year.  

Here is the bottom line, getting paid by the run is illegal under California law. In this article I explain how it is illegal and why it is illegal under California’s strict wage and hour laws.

Those of you that regularly read this website know that I represent more truck drivers and delivery drivers than any lawyer in California; I talk to drivers almost every day.  Many drivers call my office trying to find out if they are being cheated out of their hard earned wages.  I often get calls asking about companies that pay drivers by the run. For example, when the company pays you $175 for a run from Fresno to Oakland; they don't take into account rest breaks, time spent driving, and multiple other parts of wage laws in California.  Under California law, the company has to pay you for all time worked. When you are getting paid by the run, you aren’t getting paid for pre-trips, post-trips, waiting time, fueling, weight stations, inspections and the like. This time can and does really add up.  And it adds up fast. For example, if you have to wait between stops or in order to load or unload, you are supposed to be paid for that time.

In addition, you are entitled to a 10 minute rest break for every 4 hours or major fraction there of. In real world time, that means you are entitled to a rest period when you work 3 ½ hours, another rest period when you work 6 hours, another rest period when you work 10 hours and another rest period when you work 14 hours.  For every missed rest period you are entitled to an hour’s pay.  

Most companies that pay by the run, don’t provide legally compliant meal periods.  What you are going to find out is even if you get ½ hour for a meal period, they rarely comply with California law.  

California Supreme Court case in 2012 - Brinker v. Superior Court

In this California Supreme Court case, the state's representatives laid out all the things employers have to do in order to provide you a rest break and meal break in California law. Very few trucking companies comply with the law as laid out in the Brinker case.  I was the legal representative and voice for the workers in the Brinker case.  The Brinker case was a Huge accomplishment for California truck and delivery drivers, and a start for US national truck laws.

The Joy of Math 

Let's say you were paid a flat fee for your drive that took 8 hours wheels moving.  In that time you probably took around 10 hours for your meal break, restroom stops, fueling, and any other necessary stops.  Alone your wages probably added up - overtime, minimum wage payments for hours you weren't paid above the flat fee, among a number of other options.

So you have to ask yourself, are you going to be a silent victim, or are you going to get your wages back?  It is much easier than you might think.  

California’s Leading Truck and Delivery Company Class Action Lawyers

We are California's leading Truck and Delivery Class Action lawyers, and we have offices all over the state.  We want to hear your voice, and give it volume.  There are a number of wages that you may not be getting paid for, and that's not fair considering there are gaps in everyone's income and bill paying abilities at times.  We want to get you the money you deserve, and we do not make any money unless you do.  Call today to find an office near you and find your voice.



William Turley
“When I seek out professional advice, I don’t want B.S., I want it straight up. I figure you do also.”
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