California truck drivers are suing their employers for allegedly violating the state’s minimum wage law. The lawsuit, which was filed in January 2018, alleges that many trucking companies are not paying their drivers enough to live on.
The should i cash a class action settlement check is a question that has been asked by many people. This article will provide the answer to this question.
According to ZipRecruiter, the average pay for an independent contractor truck driver is $59,000 per year, or $28.37 per hour.
According to reports, a truck driver’s yearly income may reach $126,000, however most independent contractor truck driver wages fall between $37,000 and $68,500.
Truck driver pay, like that of other kinds of truck drivers, is determined by a variety of variables such as years of experience, skill level, and location.
Certain endorsements may be available to independent truckers, allowing them to earn a greater wage. Endorsements allow truck drivers to carry certain goods, such as hazardous materials, liquid-filled tanks, or large cargoes.
Unless a business can show otherwise, California law assumes that all workers are employees. This legislation does not exempt trucking businesses.
As a result, if you are a California-based independent contractor truck driver who lives, works, and/or drives in the state, you may be misclassified.
The remuneration of truck drivers is often determined per load or per mile. Inspections, loading, unloading, detention time, refueling, paperwork completion, and other essential activities are not compensated under this pay structure.
Because per-mile or per-load compensation does not properly reward truck drivers for the time they spent, California truck driver pay regulations compel trucking firms to pay separate hourly rates for these activities.
If a trucking firm places limitations on how a driver spends layover time or downtime, it must pay at least minimum wage during such period. The trucking business is not obliged to pay an off-the-clock driver if no limitations are placed on him or her during a stopover.
You may have a legal claim if you were a California truck driver who was not paid for all of the hours you worked. For a free case assessment, fill out the form on this page.
Is it Possible for Independent Contractors to Avoid Arbitration Agreements?
The United States Supreme Court decided on Jan. 15, 2019, that trucking firms cannot rely on arbitration agreements to prevent litigation with independent contractor truck drivers.
Under the Federal Arbitration Act, “contracts of employment” include contracts with independent contractor truck drivers, according to Justice Neil Gorsuch’s majority decision.
With limited exceptions, the FAA compels courts to enforce private arbitration agreements, such as disputes concerning “contracts of employment” with certain transportation employees.
That term was extended by the Supreme Court ruling to encompass contracts with independent contractor truck drivers.
Trucking firms may no longer demand arbitration in employment disputes with independent contractors who work in interstate commerce as a result of this judgment.
If an independent contractor truck driver’s employment contract includes an arbitration provision, the truck driver may opt out of the arbitration agreement and sue the trucking business.
Assembly Bill 5 (AB5) in California prohibits companies from categorizing employees as independent contractors, including truck drivers who reside or work in the state.
Unless the employing business demonstrates otherwise, all workers in California are considered to be employees under AB5.
The California Supreme Court announced the Dynamex decision on April 30, 2018, which substituted an 11-prong test with a three-prong ABC test. To pass the ABC test, an employer must be able to demonstrate that:
- In connection with the execution of his or her job, the worker is free from the direction and control of the employing business;
- The worker does work that isn’t part of the employing company’s normal operations; and
- The worker is usually involved in a self-employed business, profession, or craft that is similar to the job done for the employing firm.
Owner-operators of trucking companies often fail the second prong of the ABC test, preventing them from being classed as independent contractors under California AB5. Owner-operators are presently not excluded from AB5, despite the fact that certain contractors are.
Under AB5, carriers and owners may choose from a variety of alternatives. They have the option of terminating independent contractor contracts and hiring new truck drivers, or they may turn all independent contractors into employees.
The class action lawsuit search is a legal website that allows users to search for class action lawsuits.
Frequently Asked Questions
Can a trucking company sue you?
Generally speaking, you can not be sued by a company. Corporations and companies are legally separate entities.
What can you do if a trucking company doesnt pay you?
If you are not paid by the trucking company, then you should file for unemployment benefits.
Do truck drivers get paid for downtime?
Truck drivers are paid for their work. They are not paid for downtime, because they cant drive while theyre waiting to be loaded or unloaded.
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