California law requires an employer to pay final pay upon termination or if employee quits then employer must pay within 72 hours if given less than 72 hr notice or on last day of employment if given more than 72 hr notice. Does this include sub haulers being technically we are not employees when nothing is specified within sub hauler agreement regarding time frame how much time does company have to pay ? Company I sub haul for verbally told me loads would be a week behind when I started 6 months ago and 1st check was but it grew to 2 then 3 then 4 then a a few weeks ago I was told I wasn't getting a check due to missing paper work and I told the boss if paper work is missing it's on his end not mine and he better fedex my check which he had payroll do after I gave him an ear full. I discovered how far behind I was on being paid on loads that day and brought it to boss attention and he said he would look into it but got back to me with their records show They were up to date. I sent in a dispute resolution and was ignored then finally was given a payment explanation taylored made to fit how far behind they were. I know the company drivers are only 1 week behind and I turn in paper work same as they do and the company who pays is on a 15 day plan so The loads have been paid but company is using my $ and is using it interest free while my driver and I run 2 shifts and average about 150 hours a week between us. Now they don't even return my emails....do I need a lawyer or ???
California law regarding final pay via termination or notice to quit
Discussion in 'Ask An Owner Operator' started by DHF, Jul 27, 2011.
-
-
Trucking Jobs in 30 seconds
Every month 400 people find a job with the help of TruckersReport.
-
Are you running under your own authority?
-
You MUST be an employee of the company to fall under that law. Sub contractors, suppliers, and 1099 workers are not covered.
-
I do run under my own authority .... I called OOIDA and was told by one of their compliance people that law applies to sub haulers also and he seemed very sure. I will try to confirm with a lawyer just to be double sure but OODIA should know the law as they are fighting for truckers rights 24/7. What this boss needs is the Louisville Slugger Law applied which usually gets paycheck cut and all back loads caught up if applied with full force. It sure worked for Jimmy Hoffa I heard. Har har !
-
sub-hauler are self employed, re-read your contract with them, most companies that hire outside the company will have this in there contract that incase of termination or leave with out or little notice may delay payment, this usaually aplies when an O/O uses the companies fuel card and/or other type of charges
-
Not sure that you got the correct advice from OODIA on this. Grew-up and lived in CA until 2-years ago. Have worked as and hired independent contractors. They do not get the same treatment as employees.
Reason I asked about Authority is that if you did then you could file on the bond.
I would go over the contract with great detail and see what the terms of payment and final payment are. -
You may have the Louisville Slugger Law but he may have the Smith & Wesson Law.BigBadBill Thanks this. -
Had 122 employees at it's peak and had my business for 19 years in San Diego. Been there, done that. Been in court over this issue several times.
I know for a fact that it applies to W-2 employees only.
Subs, 1099's and others are not covered.
But then, that's what lawyers make a living from, isn't it!
Trucking Jobs in 30 seconds
Every month 400 people find a job with the help of TruckersReport.