California Truck Driver Pay: What You Need to Know

The issue of truck driver pay may be more complicated than you might think: there is an ongoing debate over the proper classification of truck drivers that can make a big difference in how drivers function and what they are paid.

Some argue that truck drivers should be classified as independent contractors, so they can operate as their own business and have more freedom over their work and schedule. Others argue that truck drivers should be classified as employees, so that truck drivers are given all the protections and benefits that employees receive.

Unfortunately, some truck drivers may not be receiving the proper compensation for their work. Some companies may even be deliberately misclassifying their truck drivers as independent contractors rather than actual employees in an effort to take advantage of them and avoid paying for benefits, minimum wage, and more.

Truck driver pay laws in California applies both for those who live in California and those who drive through the state.

Sometimes, truck driver pay is calculated “by-the-mile,” but truck drivers may spend a good portion of their day on the job without the wheels rolling, meaning that they do not end up paid for all of the time they were actually working. In California, it is illegal for trucking companies that choose to pay “by-the-mile” to not also separately pay the drivers for their work when they’re not actively driving, such as loading and unloading, completing paperwork, refueling or repair, and more.

Drivers are also entitled to meal and rest breaks compliant with California law, as well as overtime pay when applicable.

Another major problem with truck driver pay is with the misclassification of drivers. Companies cannot simply choose whether they want to classify a truck driver as an independent contractor or an employee. Instead, California law provides rules regarding this classification process.

Truck drivers that have been wrongfully classified as an independent contractor instead of a full employee may have been denied wages, benefits, and protections. Misclassified truck drivers may also have paid for things out of pocket (fuel, truck, and more) that the company should have provided as their employer.

Truckers that have been denied their proper truck driver pay may be entitled to lost wages (also known as “back pay”).

A number of trucking companies may be underpaying or misclassifying truck drivers, including those found on our investigation page.

If you are a truck driver who has been misclassified as an independent contractor in California, or have otherwise been denied your proper truck driver pay, you may be able to file a lawsuit and pursue compensation.

Join a Free Trucker Overtime Class Action Lawsuit Investigation

You may qualify for legal help through this investigation under the following circumstances:

• You worked as a independent contractor driver in California;
• You live in California OR you drive through California;
• You believe you were underpaid; and/or
• The trucking company failed to honor a contract with you.

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