Truck Driver Salary Rules Will Stay, Wash. Supreme Court Says

The Washington Supreme Court recently upheld the practice of wage averaging when it comes to truck driver salary payment, industry publication Freight Waves reports.

The court rejected a plaintiff’s arguments in a lawsuit against Knight Transportation. Plaintiff Valerie S. claimed that the trucking company should pay drivers a separate hourly wage for non-driving activities.

However, the state Supreme Court found that the trucking company was not in violation of labor laws so long as the truck driver salary is at least equivalent to Washington’s minimum wage. This practice, referred to as wage averaging, takes the total payment in a workweek and divides it by the total number of hours worked. As long as the hourly wage is equivalent to or more than minimum wage, the payment rate is legal.

“The Washington State Supreme Court decided that, look, it doesn’t matter what you’re doing as long as the pay you receive for the hours that you work is equivalent to at least the Washington minimum wage,” a transportation lawyer told Freight Waves.

Through this decision, Washington has set itself apart from California, which requires trucking companies to pay its employees for time spent working on duties other than the primary job (driving). Washington has previously followed California’s lead on labor issues, including the debate surrounding meal and rest breaks. However, the state has taken its own path by upholding wage averaging in the Washington Supreme Court.

According to Indeed.com, a weekly truck driver salary is, on average, $1,106. Exact wages will vary depending on where a driver works and if they are a company driver or an owner operator. Most drivers fall into these two categories, each of which have unique pros and cons.

Company drivers are employees who work directly with a trucking company. Although these drivers may earn less of a salary than owner operators, they are often given benefits such as medical, dental, life insurance, vision, retirement benefits, as well as paid vacation and holidays. Being a company driver may also give tax benefits. Additionally, these drivers usually do not have to deal with the costs associated with purchasing and maintaining a truck themselves. However, aqccording to Smart-Trucking.com, company drivers have less control of their activities and schedule.

Unlike company drivers, owner operators purchase their own truck. This means that they have to cover the costs of purchasing, maintaining, and licensing their rig. Despite these expenses, there are benefits to being an owner operators. These truck drivers usually have greater control of their work and their schedule as opposed to company drivers whose work is directed. Owner operators also usually paid a higher gross salary to compensate for the costs associated with owning their own truck.

Unfortunately, wage issues are prevalent within the trucking industry. Some truckers claim that they are not paid an equivalent minimum wage due to the costs they are forced to cover for their truck. Other drivers argue that trucking companies misclassify them as independent contractors despite having complete control over their work. In some cases, these truckers may decide to take legal action against their employer.

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