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Rudnicki v. Farmers
Rael v. Ormco
Nickel v. Staples
Rodriguez v. Valley Vista
If you're a truck driver, you may be entitled to: unpaid wages, benefits, reimbursed business expenses, unpaid time off, and more. Stand up for your rights today.
Many trucking companies violate truckers rights on a daily basis. To increase their profit, many trucking companies fail to give truckers their full wages, benefits, and pay for their time off. Many of them also misclassify truck drivers as independent contractors to cut their own costs and force them onto drivers. The unjust result is truck drivers losing much of their compensation, while taking on more work for less pay and more legal liability.
Many truckers rights are violated due to their wages being tied to order fulfillment. They may often be compensated by miles driven, how much of the load delivered or by the hour. This often gives trucking companies the opportunity to not pay them according to the law. For example, paying for load or miles driven often don’t account for the many hours spent preparing for loads, taking the loads off, rest and meal breaks and so on. Trucking companies are still required to ensure their truckers are paid at least minimum wage.
Many truckers are wrongly classified as independent contractors, to benefit their employers bottom line and the violation of truckers rights.
You may be misclassified as an independent contractor if:
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The trucking industry has one of the disproportionately highest misclassification rates. Trucking companies often force drivers to purchase a truck and cover all the related costs from fuel, taxes, insurance, maintenance and repair - destroying truckers earnings.
Additionally, by classifying truckers as independent contractors rather than as employees, truck companies avoid having to pay drivers benefits and avoid potential legal liability.
The main difference between independent contractors and employees is the amount of control the individual has on their work schedule and free time. Generally, independent contractors are mostly free in their schedule and are paid to get their work done by a certain deadline.
Independent contractors are excluded from traditional employment benefits such as unemployment insurance, minimum wage standards, workers compensation and protection from discrimination and harassment.
The law further states that independent contractor status is evidenced if the worker: (1) has a substantial investment in the business other than personal services, (2) purports to be in business for himself or herself, (3) receives compensation by project rather than by time, (4) has control over the time and place during their work schedule.
It is important for employees to be classified as employees rather than independent contractors due to several key reasons. Firstly, employee classification ensures that individuals receive crucial employment protections and benefits. This includes access to minimum wage guarantees, overtime pay, health insurance, retirement plans, and other benefits provided by labor laws. Independent contractors, on the other hand, often do not receive these protections and may be vulnerable to exploitation.
Secondly, being classified as an employee fosters a sense of job security. Independent contractors typically have less stability in their work arrangements, as their contracts can be terminated or modified more easily. Employees, however, benefit from legal safeguards against unjust dismissals and may have access to severance packages or unemployment benefits.
Moreover, employees are often entitled to certain workplace rights and protections, such as a safe and non-discriminatory working environment. Employment laws typically mandate employers to uphold these standards for their employees, whereas independent contractors may have limited recourse in such situations.