Personal Injury and Wage Lawyers for Truck Drivers in Oxnard, CA

Truck Driver Rights extends its legal services to truck drivers in Oxnard, CA. Our attorneys provide legal counsel and representation to truckers looking to file personal injury claims or assert their right to fair wages and other employee benefits.

Truck Driver Attorneys in Oxnard, CA

Oxnard is a coastal city in Southern California with a vibrant economy bolstered by the industrial and commercial development sector. It is home to Oxnard Harbor District, an independent special district that owns (together with the U.S. Navy) and operates the vital Port of Hueneme.

Catering to international shipping businesses, local logistics, and supply chains that pass through California, the Port is a major economic engine that moves $9.2 billion in cargo across all industries each year and generates over $1 billion each year. The Port of Hueneme is a trading point for trade partners in Asia, Europe, South Africa, and South America.

With such massive economic activity concentrated in the Port, Oxnard is home to truckers and a stopover or main route for long-haul trucking companies.

Legal Services for Truckers

As with any industry with a high population, problems may arise between employees and employers regarding wages, hours, benefits, and other matters involving Human Resources or management itself.

Truckers in Oxnard who are dealing with these matters are welcome to consult with our personal injury and wage attorneys at Truck Driver Rights. We represent truck drivers in insurance and benefits claims, lawsuits, and class actions.

Our attorneys also specialize in cases involving work-related personal injuries, helping truck drivers secure the compensation they are entitled to receive from their employers. We also help truckers file claims against individuals who are responsible for their injuries and the financial repercussions that follow.

Common Problems Truck Drivers Face

Trucking is a demanding job that requires drivers to be 100 percent present and alert on the job. It is only right that hardworking drivers are properly compensated. It’s not just about ethics: laws exist to protect the rights of truck drivers in or passing through California.

Here are common examples of employment issues that truck drivers may face in their career:

• Extremely strict or tight schedules
• Low hourly wages and benefits
• Poor vehicle maintenance and inadequate training opportunities
• Unfavorable contracts for independent operators
• Employer’s neglect or refusal to comply with law-mandated driver’s rights

Health and Safety Risks

Truck drivers are also exposed to all kinds of risks on the road, like inclement weather and extreme temperatures, poor highway infrastructure, reckless and negligent motorists, and pollution. In addition, they have to deal with physical and mental stress, fatigue, and long hours of solitary work.

The Centers for Disease Control and Prevention (CDC) warns that long-haul truck drivers are at risk of developing conditions like obesity, respiratory diseases, high blood pressure, diabetes, and other health problems linked to low physical activity, smoking, and stress.

Employers can’t be entirely liable when drivers commit errors and oversight. They can, however, provide amenities and opportunities that can help their drivers stay safe on the road. Defensive training and proper shift management are examples of things

Attorneys for Employed Truck Drivers and Independent Contractors

Low wages and poor management are among the most common issues that employed truck drivers have with their companies. Employers get away with paying their drivers the bare minimum despite the risks to their health and safety as they fulfill service delivery contracts.

We can help truck drivers who are experiencing any of the issues above hold their employers accountable and hopefully improve the working conditions for themselves and their fellow truckers moving forward.

Truck Drivers’ Rights

To defend one’s rights, you need to know your rights. One area that sees plenty of employer violations is wages.

Truck drivers in California may be paid with a fixed wage or via a piece-rate system.

Piece-rate employees are paid according to fulfillment; that is, based on how much work they do in a day. For truck drivers, this could mean getting paid:

• By mile
• By load or trip
• By hour

Here are a couple of things that piece-rate truck drivers should know:

The Total Piece-Rate Pay Should be Equal to the Minimum Wage Rate

The piece-rate pay system becomes illegal, however, if a driver’s total wages divided by the number of hours worked falls below California’s minimum wage rate of $13-14 per hour (as of January 1, 2020).

Here’s an example: a driver is set to receive $100 for a round-trip delivery. The entire trip will reasonably take eight hours to complete. Following the equation above, the driver’s hourly rate is $12.50 per hour which falls below the updated federal minimum wage. The driver would be entitled to ask for a piece-rate adjustment of at least $104 to reach the minimum $13 per hour.

Piece Rate Drivers Should Receive an Hourly Rate for Non-Piece-Rate Duties

The piece-rate system was developed to incentivize employees who exceed their expected output for the day. The downside is that it discourages workers from taking breaks and performing duties that are not covered in their piece-rate pay, like loading and unloading cargo and doing maintenance checks.

In 2013, a California Court of Appeal ruled that employers must give a separate compensation for non-piece-rate hours, including their designated break times. Drivers should receive at least the minimum hourly wage for the time they spend attending company meetings, attending required training, cleaning or doing maintenance on their trucks, stopping in the middle of trips due to bad weather, and loading and unloading their trucks.

Other things to note:

• Truck drivers must have 30-minute breaks after driving for eight consecutive hours.
• The “hours worked” are not exclusive to trips or time spent on the road. Any time during which a driver is subject to the employer’s instruction (e.g., during business hours wherein drivers report to the office as expected even if they don’t have a pre-scheduled trip) will be counted as part of the hours worked.

Exercise Your Right to Fair Wages and Benefits

If you discovered that your employer is paying you less than the minimum federal wage, or if you sustained an injury while on the job but are being refused compensation by your employer, Truck Driver Rights can help. We can give you a free consultation to start.

Get competent legal advice and support to make sure your rights are protected.

Talk to our lawyers at Truck Driver Rights today. Call 877-700-0009 and schedule a free consultation.