We at the Law Offices of Kyle K. Lauby are seasoned in litigating and settling numerous class actions on behalf of countless California truck drivers, aiding them in recovering substantial unpaid wages, damages, and associated penalties.
If you’re a truck driver in California, chances are you’ve encountered similar issues as our past clients. However, a multitude of truck drivers remain unaware of the robust protections California law provides for them. We specialize in litigating against trucking companies to recover the unpaid wages you rightfully deserve.
Feel free to reach out for a complimentary consultation to discuss any concerns or queries regarding your rights under California law.
Below are common violations we’ve identified against truck drivers: (1) Misclassification as “independent contractors” or “owner-operators”, (2) Pay based on mileage or per-load.
Misclassification of Independent Contractors & Owner Operators
Several trucking firms designate their drivers as “independent contractors” or owner operators to minimize costs. This misclassification not only leads to unpaid wage claims but often burdens drivers with business expenses like vehicle leasing from the company or covering their own insurance.
Contrary to a company’s unilateral decision, California law presumes all workers as employees, placing the onus on the company to prove otherwise. Especially in the trucking sector, establishing independent contractor status is challenging due to the scrutiny on a company’s control over the driver’s duties. For instance, if a company enforces detailed cargo guidelines, schedules, delivery deadlines, and other similar directives, you’re likely an employee entitled to unpaid wages, unreimbursed expenses, and related penalties.
If you’re a truck driver in California misclassified as an “independent contractor,” substantial compensation may be due to you. Contact the Law Offices of Kyle K. Lauby at 888-888-8888 for a no-cost consultation.
Mileage or Per-Load Pay Entitles You to Separate Hourly Compensation
Truck drivers paid “by-the-mile” often encounter significant ‘non-rolling’ time during their day, thus missing out on “by-the-mile” pay. Common unpaid tasks include pre-trip and post-trip inspections, detention time, loading and unloading, paperwork, refueling or repair, and downtime between runs.
Similarly, “per-load” or “per-trip” paid drivers are frequently tasked with activities unrelated to the load like attending meetings, paperwork, or waiting for dispatch, all unpaid due to the “per-load” pay structure.
California law declares it illegal for trucking companies not to separately pay hourly wages for this downtime. It mandates compensation for every minute worked, debunking the claim that per-mile or per-load pay compensates for downtime as these tasks do not earn per-mile pay or relate to the load.
Numerous trucking firms fall short of adhering to California law for truck drivers. If you are a truck driver in California, connect with our firm for a free consultation. You might be entitled to significant back wages and penalties.