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Trucker Legal Advice Discuss issues related to trucking laws, traffic laws, employment laws and more here. We have a trucker/lawyer who will do his best to answer your legal questions. We are NOT responsible for the accuracy of ANY advice given. Use your heads, please.

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Old 3 Weeks Ago
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wage issue

Here's the deal - I started working for Western Distribution 6 months ago, they are HQ'ed in Colorado, I was hired into the Fontana, CA location. I'm not contracted, I'm a full employee - W2 and all.

After 6 months I was supposed to receive a raise, they have decided they aren't giving any raises. Fine, it's irritating but I'll live with it. It was only $20 and a one cent OTR increase.

Then they changed something else and I can't for the life of me think it is legal.

At first, when I was hired, they paid anything local a flat $145 for the day. If you worked a few hours in the yard, or picked up a load for someone to take out of state later -that is what you made. If you went on an out of state run, they paid 30 cents a mile.

Now, anything local, you only get $25 for the day. If it takes you less than 10 hours, you don't get anything. How is that possibly legal? That isn't even min wage - for either CA or CO, and if I work even for an hour I damn well want to be paid for it.

We used to have a dispatcher in Fontana, she recently quit - now we have to go through Denver for anything (try getting a hold of them at 3 am - ha)

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Old 3 Weeks Ago
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Quote:
Originally Posted by bullet18 View Post
Here's the deal - I started working for Western Distribution 6 months ago, they are HQ'ed in Colorado, I was hired into the Fontana, CA location. I'm not contracted, I'm a full employee - W2 and all.

After 6 months I was supposed to receive a raise, they have decided they aren't giving any raises. Fine, it's irritating but I'll live with it. It was only $20 and a one cent OTR increase.

Then they changed something else and I can't for the life of me think it is legal.

At first, when I was hired, they paid anything local a flat $145 for the day. If you worked a few hours in the yard, or picked up a load for someone to take out of state later -that is what you made. If you went on an out of state run, they paid 30 cents a mile.

Now, anything local, you only get $25 for the day. If it takes you less than 10 hours, you don't get anything. How is that possibly legal? That isn't even min wage - for either CA or CO, and if I work even for an hour I damn well want to be paid for it.

We used to have a dispatcher in Fontana, she recently quit - now we have to go through Denver for anything (try getting a hold of them at 3 am - ha)

Comments, suggestions, advice?
The most important thing you have to understand is Your company is not obligated to pay their drivers ANYTHING! Any company that has drivers engaged in INTERSTATE commerce (even if only 1 driver crosses into another state) is not bound by The Fair Labor Standards Act. They DO NOT HAVE TO PAY overtime, or minimum wage.
Admittedly, I am not a law expert, but this is my understanding of the rules. I might be wrong. If I am, someone please speak up.
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(that local job that pays by the hour and OT after 40 hrs) If you have seen one anywhere between Akron, Cleveland, or Youngstown, please let me know!

If you are gonna be a bear, BE A GRIZZLY!!!
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Old 3 Weeks Ago
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It is my understanding that Interstate commerce is covered by the FEDERAL Minimum wage laws...which is $7.25 an hour - a penny over what CO state law is right now...

found information on it here - [LINK POSTED BY MEMBER] Only Members Can View This Truck Forum Link.

am I wrong?
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Old 3 Weeks Ago
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Truck drivers engaged in interstate commerce are exempt by law from federal minimum wage laws.
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