Unlike decades before, the trucking industry is now highly regulated. Various federal and state regulations protect the health and welfare of drivers and operators. Despite such rules, labor issues, such as unpaid wages and lack of insurance, still arise in the US.
Unpaid Overtime
Many commercial truck drivers across the country become victims of wage theft or other violations of the federal Fair Labor Standards Act (FLSA). This law states that full-time and part-time employees in the private and government sectors are entitled to wages for all hours worked, including overtime.
However, it has become a practice for many trucking companies to classify their drivers as independent contractors even when they are actual employees, to avoid granting them overtime pay and other benefits.
There are many factors involved in determining whether a truck driver is a company worker or independent contractor. These factors include:
- Whether the company controls the driver’s work hours or routes
- Whether the driver can decline loads or jobs
- Whether the driver needs to return the truck to the company at the end of each day
- Whether the driver is required to wear the company uniform
- Whether the driver is prohibited from working for other trucking companies
If the court deems that the company has control over the driver’s duties and performance, he or she can be recognized as an employee and may receive compensation for unpaid overtime.
Remember, however, that such cases have gray areas. For instance, if you signed an independent contractor or distributorship agreement with a trucking company, this legally binding document could be held against you. It is best to seek the advice of legal professionals like us to protect your rights to fair wages.
Unpaid Rest Breaks
In the state of Washington, truck drivers are eligible to receive compensation for rest breaks and non-driving work time. Even if you are paid on a piece-rate basis, such as per mile, per load, or per percentage of load, you may still be entitled to separate wages for rest breaks and non-driving time.
While the “piece rate” pay plan is legal and helps employers manage their operational costs better, it can force drivers to get on a truck for hours without rest breaks just to earn a higher salary. Without enough rest, drivers may end up falling asleep at the wheel, causing road accidents that can harm others as well. In 2017 alone, around 800 truckers got involved in a fatal crash, and one of the causes was drowsy driving. Some truckers admitted to racing the clock without rest to cover more miles.
According to the Washington state law, truck drivers, no matter how they are paid, should get a 10-minute paid rest break for every four hours. Federal Motor Carrier Safety Administration (FMCA), on the other hand, created the hours-of-service rule that requires truckers to take a consecutive 30 minutes of rest every after eight hours of driving.
Simply put, companies can’t force truckers to drive for long hours without a break. And this rest period should come with just compensation to further encourage drivers to take their needed rest.
If your employer has not paid you for your mandatory rest breaks, you can come to us for legal help. We have experience working on claims for unpaid rest breaks, including those claims that go back three years.
No Compensation for Work-Related Injuries
Like other employees, truckers who are injured on the job, whether in a road accident or while performing non-driving duties, are entitled to workers’ compensation. It is important to note, however, that many truckers are not employees but instead are owner-operators. If you’re an owner-operator who got injured on the job, the trucking company is not obligated to make workers’ compensation payout to you.
Then again, the problem is that many trucking businesses misclassify their truck drivers. Even if the drivers are employees, the companies classify them as independent contractors to avoid workers’ compensation costs.
If you got injured while working as an employed truck driver but have failed to receive compensation from your employer, it is recommended that you hire a workers’ compensation lawyer. With experience pursuing claims under Occupational Accident Policies and protecting the labor rights of truck drivers, we’ll help you build your case and get sufficient compensation for your injury.
Also, if you sustained injuries in a motor vehicle accident while driving a truck — and even if you’re an owner-operator —, you may receive compensation by filing a liability claim against the other driver involved in the accident. This is in addition to the workers’ compensation you should get if you’re an employee.
Washington is a comparative fault state. The fault of all parties involved in the accident can affect the amount of compensation for damages. If a plaintiff is deemed by the court to be 99 percent at fault, he or she can still recover one percent of his or her damages. Winning a claim against a third-party can be complicated, but we’re here to help guide you through the process.
No Win, No Fee Representation for Truck Drivers in Washington
At Truck Driver Rights, the rights of truckers to fair wages, workers’ compensation, and other labor benefits is our priority. We work on a contingency basis; if we don’t win your case, we won’t charge you. With such agreement, count on our firm to be determined to build your claim and represent you well in court.
We also understand it’s not easy to seek a legal solution to a wage issue while you’re still on the job, mainly because you may want to keep your career, as well as your relationship with your employer, intact. Our attorney will help you preserve professional relationships while getting the results you desire.
Whether you want to file an individual claim or a class-action lawsuit, you can rely on Truck Driver Rights to fight for you and your rights. Get in touch with our law firm today for a free consultation.