Do you have the 3 keys to Stopping Your Employer
This information can not only protect you from abuse under California Overtime Law, but possibly fill up your bank account! If you can spare 2 minutes to read through this information, you will receive the education you need to protect you from abuse under California overtime law and receive the overtime pay you deserve.
Point 1: Most Truck Drivers are Entitled to Overtime Pay if They are Employees and Not Independent Contractors
Most companies don’t realize that when they hire truck drivers to deliver their products and goods, they must pay their employees overtime when the employee works over 40 within a week. The California overtime law is straightforward and well defined. However, the California overtime law is subjected to misrepresentation. Most employers fail to understand the exempt vs. an employee’s non-exempt status. Unfortunately, there are some employers who take advantage of an employee simply to avoid overtime pay.
Under the California overtime law, an employee can actually sue their employer by filing a lawsuit or file a wage claim with Division of Labor law enforcement. With the Overtime Law, truck drivers are responsible for driving big, expensive trucks as they normally work the most number of hours allowed by federal law. Improvements are constantly being made so truck drivers can drive smart and safely. Under California Overtime Law, if a truck driver is not an independent contractor (W-9, 1099, no taxes withheld), the employee (W-2, W-4, taxes withheld) should receive overtime pay for any hours worked over 40. Unfortunately, many employers try to classify truck drivers as non-employees. If you question whether you are an independent contractor or an employee, it is best to speak to an overtime pay attorney.
Point 2: Calculating Overtime Pay for Truck Drivers Under California Overtime Law
A truck driver’s commission rate is used as the regular rate and they are paid one and one-half this rate for production during the first four overtime hours in a workday and double time for all hours worked beyond 12 in a workday. For each overtime hour a person works, they're entitled to an additional one-half the regular rate for hours requiring time and one-half, and to the full rate for hours requiring double time. An outside salesperson comes under “exemption” class of the overtime pay classification.
According to the California Labor Law Overtime, an exempt outside truck driver is one who spends over half their work time involved in sales away from the companies place of business. Truck drivers cannot spend over 20 percent of their work time engaged in the labor of other non-exempt workers. So, this means if the employee does other work apart from their business of driving, loading and unloading, then their job requires scrutiny outside of the classification under truck driver and they might be eligible for overtime pay. You should speak to an overtime pay attorney if you believe you are entitled to overtime or misclassified as exempt from overtime.
Point 3: Working Conditions and Overtime Pay
If you drive a truck that is two axles and under 10,000 lbs you may be entitled to overtime. The responsibilities of a truck driver depend on the type of load to be delivered. If the truck driver delivers a product that needs to be cold, the refrigeration equipment needs to be checked. If livestock is delivered, the animals need to be fed food and water. If hazardous materials are delivered, the truck driver has to know how to handle it according to regulations. The truck driver has to know how to operate special equipment on the truck for loading and unloading the product that is carried.
Several employers have a poor understanding of the laws regarding overtime pay. Other employers deliberately violate the overtime law with full knowledge they are doing exactly so. Unless they are willing to change and make restitution, full legal action can be taken into effect under California Labor Law Overtime. To find out if you are entitled to overtime, you should speak to a California Overtime Law attorney.
By: Kathleen Armitage
Kathleen Armitage is a freelance journalist who frequently contributes and comments on California labor issues. Learn more by visiting web sites such as Overtime and Labor Attorney
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