I am trying to find out where & how to file a complaint with the Dept. of Labor against the GA company my trucker hubby works for. He has been with the company for 4 years. They pay 'bonus' pay for days out, detention time, layover, and a bonus for running over 9,500 miles in a month. The problem is that since January of this year, he has not been paid ANY of his bonus pay. He made the mileage bonus for January but still hasn't been paid for it. He is owed 3 days layover, a couple of days out bonus pay, and 2 hours of detention pay. When he calls the company asking about these items, he is given a run around and is told it will be on next weeks check. Well, once again, there is nothing on his paycheck this week relating to these bonuses. I honestly feel that 3 months is more than enough time to wait for the company to get their act together. So I need to know how to go about filing a complaint against the company. We live in SC but the company is GA based. Any advice would be appreciated.
Thanks,
trckrnana
How & where can we file a complaint with DOL?
Discussion in 'Trucker Legal Advice' started by trckrnana, Mar 19, 2009.
-
-
Trucking Jobs in 30 seconds
Every month 400 people find a job with the help of TruckersReport.
-
I can't give you the specifics of where to file your claim, but I sure would file one ... promptly. Even if it meant filing in court. When companies start monkeying with the pay it is usually the symptom of a much bigger problem and things can go downhill fast.
-
Thanks for your swift response lostNfound! I have been searching the website of GA DOL but cannot find anything that will direct me to where I can file a complaint. And I'm not even sure if I should file in our state or the state that the company is located in. But I am going to complain somewhere! We aren't talking about a fortune here....roughly $500-$600.00. But it was earned and the company owes him the money.
-
While what they have done isn't right any action he takes will cost him more than what he lost . He's at their mercy for how many miles he gets and what loads he gets . He also risks them finding some excuse to terminate him and give him a bad DAC . If he wants to stay with this company don't push it . If he can find another job , after he leaves this company file a claim in small claims court . Interstate drivers are exempt from certain labor wage requirements . There are no labor laws covering bonuses , layovers , or detention .
-
trying to get layover or detention pay is like going on a snipe hunt. I couldnt' tell you how many dozens of hours of detention one of my companies NEVER paid me. you might end up suing your husband out of a job. he needs to keep going up the chain of command where he works to get answers. if they are determined to screw him out of money he is owed, it's probably not a very ethical company. if it's not a very ethical company, why would he have worked for them for 4 years? he could look for another gig, but as bad as things are right now, good luck. bottom line, if an employer wants to not pay detention, layover, bonuses or whatever, it's probably going to cost you more trying to force them to pay it than what it's worth. unless you have a HUUUUUUGE bank account, and can stand to be out of work for 6 months +, I would proceed with caution if I were you. but I'm assuming you DON'T have a huge account if $500 is a grand sum of money to you.
-
The U.S. Dept. of Labor has a website. If you wish to file a complaint even after the advice of RickG, then go to their website & find the OSHA portion. There is also a complaint form on their website.
But for the record I personally believe Rick is correct.
From a retired federal DOT official -
Thank you all for you advice. I do agree with RickG. I am afraid the company will retalliate and cost him his job. And we cannot afford for him to be out of work since I am currently unemployed. The company was at one time a very good one but the last 3 months they have gotten very inept in the payroll dept. They acknowledge that they owe the money but then they make it impossible to talk to the person that handles this. One lady is in the hospital or this lady had a family emergency, etc.... His dispatcher swears he has turned in all the necessary information but somebody isn't doing something right! At this point all we can do is just to keep asking about the pay. I don't want to do anything that will cost him his job. It is just so frustrating because we really need the money he is owed. But it would be even worse if he loses his job. Thank you all so much, your replies were very helpful.
-
Not trying to scare you, but I'd be looking, hard, for somewhere else to work.
-
"They acknowledge that they owe the money but then they make it impossible to talk to the person that handles this. One lady is in the hospital or this lady had a family emergency, etc.... His dispatcher swears he has turned in all the necessary information but somebody isn't doing something right!"
ummmm, do you actually believe that? they just don't want to give you the money! -
I don't believe anything his current dispatcher says. It seems like it is this mans pleasure to screw over the drivers on his board. Unfortunately, my husband is at this guy's mercy. He has been looking for another company when he gets to come home, but with today's economy, it isn't looking too good.
Trucking Jobs in 30 seconds
Every month 400 people find a job with the help of TruckersReport.