Wage Theft as a Delivery Driver

If you are a delivery driver and are experiencing wage theft, then you may be able to file a claim for your missed wages. As a delivery driver, where you are a pizza and food delivery driver or goods delivery driver, you should be paid for your wages worked.

Unfortunately, all too often, employers want to save a dollar for themselves by breaking wage and hour laws that are in place throughout the country.

The sorts of violations that are common include failing to pay the statutory minimum wage, not paying overtime after maximum weekly hours have been worked and getting the employee to do extra tasks out of statutory work hours without being paid. This is called wage theft and any employee who experiences this is entitled to file a wage claim against his/her employer.

How a Delivery Driver May Experience Wage Theft

Examples of wage theft from a delivery driver include the following:

not paying the minimum wage;
not paying wages for all hours worked;
not paying overtime rates;
expecting the delivery driver to top up with gas after work is over;
expecting the driver to prepare the vehicle in the morning before the work day has officially begun;
expecting the driver to clean the vehicle when the statutory work day is over;
knocking a day or so off paid vacations;
failing to pay for meal breaks;
docking wages when sick;
pretending the delivery driver is a contract worker, so not all wage and hour laws apply.

Delivery Driver Wage

Delivery Driver Wage Theft As a delivery driver, just like any worker, you should be paid minimum wage, if not more. Each state has their own minimum wage and there is a federal minimum wage. You must be paid whichever is higher. If your state’s minimum wage is higher than the federal minimum wage, then you should be paid your state’s minimum wage.

If you are paid less than the higher minimum wage, then this may be a form of wage theft. You may be owed missed wages as a delivery driver. A claim can be filed to recover the lost wages.

How To Spot Wage Theft as a Delivery Driver

There are some things to look out for as a delivery driver. First, you should track your hours and monitor that they match the hours listed on your paychecks or timecards. If you notice any discrepancies, you should take note. You should also check that you are getting paid your state’s minimum wage and overtime rate when applicable.

If you use your own car for the deliveries, your employer may need to cover any expenses for vehicle upkeep. This may be for maintenance or repairs. You may also be eligible for compensation for the milage put on your car as a delivery driver.

If you deliver food and receive tips, you should be able to keep these tips. If your employer is taking your tips, this may be another form of wage theft.

What to Do If Experiencing Wage Theft as a Delivery Driver

So often, courier businesses treat delivery drivers as independent contractors so they get out of paying the right wages and benefits normally set aside for employees.

However, if you are driving a delivery truck owned by the courier company then you are probably classified as an employee so your employer must follow wage and hour laws and pay you the appropriate amounts for hours worked.

If your employer has violated wage and hour law and you have the evidence to prove it, you should be able to file a wage claim against your employer so you get back what your employer has taken away from you or has failed to pay. Sometimes, the Wage and Hour Division will work on your behalf as well.

Steps to Take to Report Wage Theft & File a Claim

To file a complaint for wages theft under the Fair Labor Standards Act (FLSA) there are several different methods you can take as a delivery driver to recover wage theft. The sensible step to take first is to bring the matter up with your employer.

If he or she fails to respond, you can then file a complaint. The Secretary of Labor might decide to file a lawsuit to recover wages taken from you and impose on your employer a penalty, called liquidated damages.

This is a calculation made which could be double what is owed in wage theft if your employer willfully violated the FLSA.

You as an employee may file your own lawsuit to recoup your wage theft and it could be doubled as liquidated damages. You can also file a complaint with the WHD who could pursue a lawsuit on your behalf. However, if the WHD has already organized the payment of the wage theft you are not entitled to file a lawsuit.

You cannot wait too long to decide what you intend to do about the wage theft and there are time limits set from the date of the violation to file a wage theft claim.

In most cases you are given 2 years, except when an employer has willfully violated the Wages and Hour Law and the statute of limitations is then to three years.

Contact a Lawyer

Delivery Driver Wage Theft If you decide to file a lawsuit for wage theft on your own you should contact an employment law attorney to help with the claim. It is their experience which will help you get back all those unpaid wages which are nicknamed wage theft.

You will need to provide all relevant evidence to back up your wage theft claim. This includes pay slips showing you haven’t been paid for the full number of hours worked.

Eye witness reports are useful too as they will notice you slaving away before and after the work day has started and finished without any hint of paying additional money for the work you have done.

Complete the Free Case Evaluation on this page to get in touch with an independent, participating attorney who subscribes to the website. He or she may be able to get you get your missing wages back.