Wage theft is more common than you think. According to the Wage and Hour Division of the U.S. Department of Labor, about $19 billion in wages are stolen from millions of workers across the country every year. You should pay close attention to your paycheck and make sure that you are being paid right. Often, wage theft is not detected early and has gone on for a while before the employee notices and reports it.
There is a statute of limitations, which is usually 180 days, for pursuing a claim against your employer if you have suffered wage theft. If you wait until the deadline has passed, you cannot recoup compensation for your damages. It is important to keep track of your time worked and compare it with your time sheet.
How A Truck Driver May Experience Wage Theft
If you are a truck driver, you could suffer wage theft. If you are paid per mile, you may not be paid for all the miles that you drove. You may not be paid in a timely manner, or you may not be paid your full check each time. As a truck driver, you should keep track of your miles, your time worked, and then add up how much you should be paid for your work. You should then match that to your paystub.
As an example, you drove 1,000 miles round trip during last pay period, and you are to be paid 54 cents per mile. However, when you got your paycheck, you were surprised to see that you were only paid for traveling 850 miles. You will need to make copies of your documentation and notify your employer of the discrepancy. You should notify your manager or human resources department and they should investigate the matter.
You should keep proof that you filed a complaint with your employer, and you should also make note f any response that you receive your employer. If your employer doesn’t resolve the matter, you should then file a complaint with the Wage and Hour Division. This can be done over the phone, in person at an EEOC office, or by mail.
What To Do If Experiencing Wage Theft As A Truck Driver
Documentation and supporting evidence are essential to the success of your wage theft claim. Truck drivers are mandated by federal law, so they must keep detailed travel logs. You will need to have a copy of this log to show your miles traveled, your hours worked, and your employment contract. You will also need your paystubs, so you can show that you were not paid what you were owed.
The first step is to file a complaint with your employer. Your notification of a complaint will need to be filed with human resources or a manager. You will need to maintain proof of making notification to your employer. You will also need to keep documentation that shows the response from your employer. If your employer doesn’t resolve the matter, or if the problems occurs again, you should file a claim with the EEOC.
The EEOC will review the details of your claim and work with your employer to resolve the matter. If the matter is not resolved and you are not compensated for the wages that you were entitled to receive, you will need to file a lawsuit against your employer. You will need to provide your evidence and supporting documentation to get your claim on track.
How An Employment Law Attorney Can Help You
If you suffered wage theft as a truck driver, you should enlist the help of an employment law attorney who handles claims in your area. An employment law attorney for truck drivers will be familiar with the state and federal laws that apply to your situation and will be able to help you gather supporting evidence and documentation. With the help of an attorney, you are much more likely to have a successful claim against your employer.
When you meet with an employment law attorney, be sure to go over their payment plans. Some wage theft lawyers take cases on a contingency basis, which means that they are not paid until you win your claim. Other wage theft attorneys require that a retainer to be paid upfront when you enlist their help. To ensure your claim is on track before time runs out, complete the Free Case Evaluation Form on this page to share the details with an attorney who handles wage theft cases in your area.
