Well as some of you know we cleaned out hubbys truck sunday, because he hasn't received a paycheck. Well tomorrow is another payday and we have not been able to get ahold of anyone with the company and no one is returning the calls. We can't report it to the labor department because he is 1099. We are wondering if the company has possibly filed bancruptcy. We are not even sure who really owns the company, they have told us about 3 different people. If anyone has any experience with this situation or any ideas of where to go from here it would be greatly appreciated....
I thought of small claims but I think it is only up to like $3000.00 and I think his owed wages are more than that. We don't even know how much he is actually owed because he works on percentage of the load, the only thing we know is wwhat loads he hasn't been paid for.

if i put this in the wrong section i'm sorry and for it being so long.

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You should be able to call the police on them but the system is set up to protect business. Even when people get ripped off by so many of them.

Drivers need to start contacting their representatives on all this dirty stuff companies are pulling.

What company did he work for?

small claims court's go up to $ 5,000 and yes when you find who own's em yes i would take their butt to small claims court. BOL

contact yer state District attorneyoffice as well, does not matter if he is 1099 or not they still regulate buisness's aswell.

Go to the Central Refrigerated forum and read wolfdens posts so you can connect with someone else whereby the same crap is happening. May be you guys can support each other and get something started to act against these criminal companies ripping people.

This kind of crap that companies pull, seems to be a trend in America. Start a company, pay people as little as possible, and rip them off because the government will do NOTHING to help them, the working class.

In trucking, companies get away with NOT EVEN PAYING DRIVERS, such as in your case. I read/hear about these stories/scams way to many times.

Can you just stop driving your truck if you are not paid? I don't think so. Because you would be stuck their and the companies will let you sit there! You can't abandon the truck because companies have set things up to hurt you if they do. Something needs to be done to hurt truking companies the way they hurt drivers!!!!!!!!!!!!!!!

Find others like you. Write your rep's and write them over and over then call them over and over. Complain and demand help!

Don't except the status quo.

Contact your state attorney office. They will look into it usually with no charge to you.

Unless the amount you are owed is less than what you can recover in small claims. I wouldn't bother with any other form of legal action.

It will be much easier (and faster) to recover the maximum allowed in small claims, than it will be to recover the minimum amount owed under current labor laws.

Here's how it works in my state.

Truck driver wages are not protected under wage and hour laws. The maximum he would be allowed to ask for, would equal the amount of minimum wage. And he would have to be able to provide some documentation of hours worked.

Pulling on percentage, makes him a contract laborer. Which basically says he has no case to be brought forth, for recovery purposes, without bringing it into court on his own, small claims or otherwise.

Small claims (which we don't have) would allow him to recover a predetermined amount, as you're aware. Taking it into court with an attorney, would cripple his claim. By placing it into the realm of Lawyers and delays. And force him to present even more detailed evidence of his claim.

Small Claims would be the most practical route to go.

You guys will be able to recover some of it at least. But the odds are stacked heavily against you, for full recovery.

Been there done that...have a closet full of the T-shirts.

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Team Players.....
It's hard for me to play professional team sports. On a minor league salary.

While us old guys can appreciate your passion. This is how it has been for decades, in the trucking industry. With the exception of Union firms, it won't change either.

We're not governed under the same wage and hour laws that the rest of the country is.

This is exactly why we seem to rip a new guy apart (well maybe not). If you're unable to take the #### we dish out in this forum and others. You sure won't survive as a trucker.

If you expect to get treated fairly, then you really need to consider "prison inmate" as your next job title. Thats a stretch...but I swear they get treated better than most drivers.

Thankfully, I have a good company to work for. For the moment.

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Team Players.....
It's hard for me to play professional team sports. On a minor league salary.

I'm with you danc694u...in my next life I think I will just skip the truck driving and go straight to the prison inmate position! On second thought, maybe not.

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Neal


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White line fever and the interstate blues.

In trucking, companies get away with NOT EVEN PAYING DRIVERS, such as in your case. I read/hear about these stories/scams way to many times.

Many new drivers and even current drivers think working at a OTR company will afford them the same protections and rights afforded most other workers. And they would be wrong. The industry has been exempt for many years from fair labor practices that even non union workers enjoy.

Many drivers don't even know that even if they make 50k at a trucking outfit and get layed off or fired without cause they will get Unenjoyment commensurate with someone making around 10 bucks a hour or less.

A OTR driver is a piece rate worker just like a guy picking apples. You run more miles you make more money. You pick more apples you make more money.

Do not let yourself as a piece rate worker get behind on what you are owed.

The only way I was able to get back pay as a 1099 worker was to challenge the company on what constitutes a independent contractor at their company and what the law was. I received a settlement through mediation at both Smiths Home Furnishings and Penske Logistics because they where not following the law as it relates to their control over contract workers.. Both cases took around 6mos to resolve.

The Dept of Labor and Industry is who I filed with but you can consult a labor lawyer without putting them on retainer just to see if anything can be done.