Joanna Szabo  |  June 30, 2021

Category: Labor & Employment

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Truckers should be aware of laws that may be short-changing them on pay and benefits.

Attorneys are investigating Dalton Trucking Inc. and other trucking companies for alleged violations of trucker wage and hour laws, including misclassification and underpayment.

Wage and hour law for truckers is complicated. In some states, truckers are covered by stricter regulations, while other states’ laws and federal laws may be more lax. For example, California recently passed its AB5 – a strong labor law which complicates trucker employment classification.

Since many truckers operate in numerous states, it can be difficult for truckers to figure out what benefits they are entitled to and if they are being denied certain wages.

On the federal level, truckers are exempted from certain Fair Labor Standards Act statutes through the Motor Carrier Act. This means that FLSA rules about overtime and minimum wage are not applicable. This exception applies to the following people:

  • Individuals employed by a motor carrier or private motor carrier
  • Drivers, drivers’ helpers, loaders, or mechanics who do work affecting the safety of operation of motor transportation vehicles on public highways
  • Individuals not covered by the FLSA small vehicle exception

To complicate matters further, truckers are covered by FLSA and other state laws only if they are classified as employees. Truckers who are classified as independent contractors by virtue of being owner-operators are provided even fewer guaranteed benefits.

Some trucking companies may even be making this worse for their drivers by purposely misclassifying them as independent contractors rather than employees, thereby denying them their rightful benefits. Misclassification can allow companies to avoid legal consequences associated with drivers’ actions, having to pay for operational costs, healthcare, minimum wage, and overtime, among other things.

Unlike company employees, owner-operators own their trucks. Although this is usually associated with autonomy and income not typically seen with employees, owner-operators are responsible for hefty costs. Between taxes, insurance and maintenance costs, and the purchase or lease of the truck itself, owner operators are required to foot the bill for numerous expenses. However, some truckers find that these costs are well worth it because they prefer to choose their own jobs, set their own hours, and answer only to themselves.

Deciding whether or not to become an owner-operator is a personal choice based on the pros and cons for each individual. The decision can be particularly difficult when considering the implications of being an independent contractor rather than an employee.

The confusion around trucking laws may make it challenging for truckers to figure out if they are being short-changed on wages or benefits. Experienced lawyers may be able to help truck drivers figure out if they are owed additional benefits.

Dalton Trucking Inc. Attorney Investigation

Dalton Trucking Inc. is a trucking company specializing in compressors and general oilfield trucking. According to the company’s website, Dalton Trucking has “the reputation in Texas as being the Best Compressor Movers in the industry.”

Although Dalton Trucking Inc. has not faced allegations of misconduct, attorneys are looking into the company as a potential violator of trucker wage and hour law. Other companies being looked into include:

  • $5 Million Deal Ends Lawsuit Regarding Overtime for Truck Drivers in CaliforniaMercer Transportation
  • Gardner Trucking Inc.
  • Heitz Trucking Inc.
  • Hendrickson Truck Lines
  • KKW Trucking Inc.
  • Matheson Inc.
  • Osterkamp Transportation
  • R & A Trucking Company
  • TCI Transportation
  • TRIUS Trucking

If you were an employee of Dalton Trucking Inc. or another trucking company and experienced wage violations, you may be able to collect compensation. Federal and California laws prevent employers from taking advantage of employees and offer maligned employees the opportunity to recover compensation.

Filing a Trucker Wage and Hour Lawsuit

A growing number of truck workers are coming forward with allegations of being misclassified as independent contractors, thereby denying them their rightful benefits, such as minimum wage, overtime, healthcare, and more.

If you currently work or have worked as a Dalton Trucking contractor (or a contractor for another trucking company) and you either live in California or make deliveries or carry loads out of/through California, and you believe your company failed to pay you proper wages or overtime, or otherwise fail to properly compensate or classify you, you may be able to join this class action investigation and pursue compensation.

Filing a lawsuit can be a daunting prospect, especially when it’s against your own employer. Fortunately, there are laws in place to protect workers from any retaliatory response to labor litigation. Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

Join a Free Trucker Overtime Class Action Lawsuit Investigation

If you have worked as a contract truck driver and believe your carrier has failed to pay you minimum wage or overtime, or otherwise might not have honored a contract with you, you may qualify to file a truck driver lawsuit or class action lawsuit.

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