Not a new driver, but not sure what forum to post this question?
A friend of mine took a local job hauling aggregates in bottom dumps. The company advertised $17.00 an hour. This is in Northern CA where unemployment is still very high, and wages are depressed from the recession and foreclosure crisis. I almost applied for the same job, but decided to hang back and see how it worked out for her first.
She busted her butt for 10 to 12 (sometimes 14) hours a day for two solid weeks. Her paycheck for those two weeks was $500. When she inquired, the company told her that they only pay for the miles she was loaded.
I've worked in aggregates. I don't know if my experience was typical, but it seemed I spent a majority of my day driving from the yard to the quarry and back at the start/end of the day, or dead-heading back to the shop in the middle of the day because something on my truck broke. The company used the quarries closest to the job site, and so very few of the miles were actually loaded. Going from the quarry to job site to deliver a load was usually the equivalent of running around the block.
Can a company advertise hourly wages, and then only pay for loaded miles? Yes, she should have inquired more before she took the job. But, in this neck of the woods, hourly pay is assumed to be all hours worked. The idea that "hourly pay" meant anything else seemed absurd to her, me, and everybody I've asked in this area.
Is this legal?
Hourly pay for loaded miles only... Is this legal?
Discussion in 'Questions From New Drivers' started by sexystuff911, Aug 7, 2014.
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I'm gonna say false advertisement..she needs to quit yesterday..
NavigatorWife, rodknocker and Mev Thank this. -
Have her contact these guys: http://www.boxerlaw.com
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I agree (she did quit), but it seems a lot of companies around here have started advertising hourly wages for truck driving. Many of the ads claiming to pay high wages are from historically low-paying companies. I doubt these companies suddenly decided their drivers are worth something.
So, is this legal or just a new twist on the "pay per piece" formula? Maybe a "bait and switch" tactic to lure drivers in, and then not pay them what they are worth until the legislator gets wind and says they can't do that..?
I don't know? Can't find any info on the subject?NavigatorWife Thanks this. -
The dump truck business is sad place to try and make a living now days. I made more 20 year ago driving on percentage than I do today driving my on truck. Seems like there should be something that could be done, but guess what it will take a lawyer. They going to cost her more per hour than she made all week.
rodknocker Thanks this. -
Gotta watch out for yourself.
Many small companies are desperate
and prey on labor.Tam_Tam Thanks this. -
http://www.dir.ca.gov/dlse/faq_overtime.htm
its on the overtime page.. On this page it states that even hours worked overtime unapproved by the employer are still payable to the employee. Tell her to chase it and she doesn't need a lawyer, filing herself will be enough to start the ball rolling. http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm
hope she's got paperwork to back it up.Last edited: Aug 8, 2014
Fatboy42 Thanks this. -
No more politics. Kthnxbye.
d o g and BrenYoda883 Thank this. -
never heard of this loaded miles per hour crap. maybe if it's a percentage of load. but how do you know what the load is paying????
i'd be contacting everyone i could think of. state attorney general, labor commission, maybe even the unemployment office.
i'd like to hear what california has to say about all this.
i hauled dirt from quarries for 12 years. i was paid by the hour, from start to finish. with overtime.
i almost did a artificial sod job. THAT company piad $15 an hour and no overtime. agricultural exemption. seasonal job at 60 hours per week. and they don't contribute to unemployment. so come winter time, your looking for a new job. as there's no unemployment to collect. -
Hey SS911, wow, it never ceases to amaze me the crummy tactics companies come up with to gouge their drivers. Again, proof positive, the reason there is a job opening, is someone else got disgusted and quit. I've had several dump truck jobs, and the ones that were by the hour, I punched the clock and got paid for every minute I was on the clock. Like snowwy says, % was much more of an accurate way of getting paid in the dump truck industry. It sounds like the company twisted the pay, to make it sound more attractive. It's hard to say if they broke any laws, but morally and ethically, this is terrible.
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