“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. When it comes to handling your California Truck & Delivery Driver Wage Theft Class Action Lawsuit, always tell the truth. Always stay honest. Nothing is more important then your credibility.
I recommend you reading my free book, California Truck and Delivery Driver Wager 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.
Whether drivers deliver products locally or crisscross the state in the course of their jobs, they often share the same rights under California wage-and-hour laws. These kinds of laws are designed so that drivers—and all kinds of employees in other industries—don’t miss out on basic protections, like minimum wage or overtime pay. So if your employer tells you that you don’t get these basic protections because you’re an “independent contractor,” then there had better be a good reason.
Employers Can’t “Just Decide” That Delivery Drivers Are Independent Contractors
A lot of drivers get classified as “independent contractors” even though they’re doing the work of an employee and don’t meet the requirements for the classification. This benefits the employers because they don’t have to pay the costs of overtime, workers’ compensation, and other important—but expensive—protections. And even though it’s against the law, employers get away with it all the time because the law is so complicated and there can be legal “gray areas” that make it hard for drivers to hold their employers responsible without the help of an attorney who specifically handles these kinds of cases. This means that a lot of drivers who are “1099 employees” or “independent contractors” are actually being cheated out of wages and benefits they are owed under the law.
It’s Up to Your Employer to “Prove” That You Should Be Exempt From Employee Rights
In California, the laws are generally on the side of drivers who bring cases against their employees saying that they’ve been inappropriately treated as contractors. If you talk with an attorney and decide to file a claim, it will eventually be up to your employer to give proof that you meet the requirements to be classified as an independent contractor and cannot be classified as an employee under the existing laws. Essentially, the law assumes that you’re an employee until your employer proves you are a contractor.
While it sounds pretty simple, the truth is that these kinds of cases can be extremely complicated, and employers may have teams of lawyers to fight drivers’ claims. If you are a commercial driver in California, you need to know your rights and make sure you’re getting all of the pay you deserve for the work you do—and you’re going to need help to get the information you need. You can start learning more by asking for a completely free copy of our book, California Truck & Delivery Driver Wage Theft: The Ultimate Straight Talk Guide to Getting Your Hard Earned Wages Back.