I've been with the same company for the past 7 years. I can't tell you why I've stayed so long, stuck in a rut I guess, because this company is definitely anything to brag about. Regardless.... My wife was digging around Canada Labour Program website, and found that I am probably entitled to unpaid overtime and stat holidays that weren't properly paid out to me. I've worked nearly every stat there is, and whether I work it or not, i've only ever been paid a flat rate for the holiday - it's never changed and never increased.
I'm embarassed to say that I've only ever been paid cents per mile - no bonuses, no load/unload wage, very little paid wait time (again, a flat rate after 3 hrs of waiting).... I know that I have hit the 60hr weekly O/T limit many times without getting paid a cent of overtime. Needless to say, I am finally in a position that I want to and am able to switch companies.
My questions are:
- how do you get paid for stats and overtime?
- how likely is it that I can recover pay owed to me?
- has anyone ever successfully made a claim?
I am waiting for a return call from Canada Labour standards branch and will ask them the process. It just seems huge scale to me; this would be thousands of dollars owed to me if I am right about it all.... any input?
Entitled to more overtime and holiday pay
Discussion in 'Canadian Truckers Forum' started by OnwardJoe, Aug 12, 2014.
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At least get a hold of the Labor Board and file a complaint right away. I think they can go back 2 years. You've got a lot of money coming to you. Labor Board doesn't cost you a penny.
Runawayscreaming and Grimm 1 Thank this. -
File a complaint with the federal labor board. I was able to get my company to pay without going that far. Be prepared to get no miles immediately. They will starve you until you quit, so have your new job in place.
Tam_Tam Thanks this. -
For stats and holidays, they should take your last 16 days wages and divide by 16. Should be what your owed.
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Some places it's percentage of gross, percentage of regular pay. Varies by province. Curious, what does it say in the Federal Labor Code and you are a Federal driver.
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And this vague piece regarding how to calculate stat holiday pay:
So, to get an average, would I do this: total miles driven in 20 days times cpm, divided by hours worked ---- would give me an average hourly wage, correct? does that make sense? -
Oh, and I found out you can only go back 12 months for OT and stat holiday pay, 24 months for unpaid vacation pay
Edited to add: I just typed a big long response and it said it needed to be approved by a moderator - but this post got shown right away... does anyone know why? Is it because I put links in the other one? -
Yes each province is different. I operate in ab and sk and it differs greatly.... of course in ab the labor laws don't matter and are just there for fun.
Tam_Tam Thanks this. -
For reference, here's the link to the federal law on OT:
http://www.labour.gc.ca/eng/standards_equity/st/trucking.shtml -
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