RIVERSIDE, CA — A group of truck drivers for a California trucking business recently filed a class action unpaid overtime lawsuit against the company alleging that the defendant failed to pay the workers for all their overtime pay in violation of California labor and wage laws. The claim names Oregon-based May Trucking Company as the defendant, accused of violating several provisions of both state and federal labor laws, including failure to pay minimum wage, overtime, and recording all hours worked.
According to the unpaid overtime lawsuit, filed in Riverside County Superior Court, the defendants paid drivers solely on what is known as piecemeal rate where employees receive their wages based on a fixed rate of each unit produced or action performed, regardless of the time it takes to complete. While the practice is perfectly legal under state and federal law, employers can only pay employees on a piecemeal basis under certain circumstances and must comply with other minimum wage and overtime laws.
The claim specifies that May Trucking Company did not pay workers for the time spent conducting pre and post trip inspections and other non-driving tasks. Although it has been a long-held practice to pay truck drivers per every mile spent on the road, many companies fail to compensate drivers with minimum wage and overtime when performing duties besides hauling cargo on highways. Even when paying piecemeal rate, employers must ensure workers earn at least the federal or applicable state minimum wage when averaging all the hours worked and wages earned.
Additionally, the complaint alleges that the defendant failed to provide drivers with a 30-minute uninterrupted meal and rest break after five hours on the job required under California law. Under California wage laws, employers must compensate workers with an additional hour of regular hourly pay if the employee is unable to take his or her meal break. Attorneys for the plaintiffs claim May Trucking Company cannot show any internal company records indicating such meal breaks were granted nor compensatory wages paid in lieu of the required rest periods.
Truck Driver Unpaid Overtime Lawsuit
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