Truck drivers play a pivotal role in our society. Truck drivers enable stores to remain open and stocked by transporting goods across the country. According to the American Trucking Association, trucks carried 72.5% of America’s cargo goods in 2019.
Despite this service, truck drivers and trucking company employees are often victims of wage violations resulting in underpayment. Many of these violations stem from disputes over what determines pay. Drivers must unload and pack their cargo and fulfill driving quotas for their employers.
When companies pay drivers by the mile, they overlook non-driving tasks and underpay drivers. The Michigan employment law attorneys at Fieger Law work hard to ensure you get the pay you deserve for all miles driven during your trucking route.
By The Mile Wage Violations
In some cases, by the mile payment structures result in a minimum wage violation. In Michigan, the current minimum wage is $9.87 per hour. Although by the mile payment is legal, a federal or state wage violation may occur if your total wage for the day divided by the hours worked is less than the minimum wage.
When calculating your hourly rate, it’s necessary to consider time completing other work too. By-the-mile pay structures fail to account for the time spent loading and waiting for delivery confirmation, despite you spending time completing these essential tasks while on the job.
Contact an employment law attorney at Fieger Law if you believe your employer committed a wage violation by not paying you the Michigan minimum wage.
Inaccurate Mile Recording
Some companies use software to track mileage. Like any technology, this program may inaccurately record your driving miles, with up to 10% discrepancies in miles driven versus miles recorded.
Software like Household Mover’s Guide records the shortest route from point A to point B, meaning drivers aren’t always paid for the routes driven. When a driver receives pay for recorded miles in these situations, it can affect the payment received.
At Fieger Law, we want to make sure truck drivers across the country are paid for the miles they’ve driven and fight to ensure this is the case.
Truck Driving and Overtime Pay
The Fair Labor Standards Act (FLSA) states that all employees who work over 40 hours in a single week should be compensated with at least one-and-a-half times the base rate of pay. Unfortunately, most truck drivers are excluded from entitlement to this pay by the Federal Motor Carrier Exemption.
To classify as exempt from overtime pay, the following three conditions must apply:
- You are employed by a motor carrier or a private motor carrier
- The small vehicle exemption does not cover you
- Your duties affect the safety of the motor vehicle in transport on public highways
If your employer cannot prove all three conditions, you may be entitled to overtime pay for miles completed after the 40-hour mark. Fieger Law can help you secure this pay in Michigan and across the country.
Misclassified as Independent Contractors
Across America, trucking companies misclassify their drivers as independent contractors rather than employees. Independent contractors are exempt from the FLSA’s minimum wage requirements. Even though they are employees under the law, companies misclassify truck drivers to save money and evade mandates set by the FLSA.
Identifying whether a misclassification as an independent contractor occurred depends on several factors, such as who owns the truck you drive, whether you can reject or accept assignments, and whether you have the freedom to drive for multiple companies at once.
Many truck drivers misclassified as independent contractors shoulder costs that their employers used to and should cover, such as truck repairs and maintenance, fuel, and food and lodging on long-haul routes.
If you believe you have been misclassified as an independent contractor, our attorneys at Fieger Law can help you determine your legal classification and protected rights.
Protecting Your Pay with Fieger Law
Companies often subject truck drivers to disingenuous practices to save on employment and compensation expenses. At Fieger Law, we fight to make sure that truck drivers across the nation receive the compensation they’re entitled to. Whether you feel you haven’t been paid for the miles you’ve driven or think you may have been misclassified, we can help.
Contact Fieger Law today for a free consultation to learn more about your legal rights to fair work compensation.