Most delivery drivers work on a regular basis and expect to get paid for the hours they work. There are some employers who do not comply with federal or state labor laws as they apply to paychecks.
If this is intentional, e.g. an employer deliberately fails to pay a deliver driver on time, then this may be a violation of a state or federal law. The delivery driver may be able to sue his or her employer with the help of an employment lawyer.
Late Paycheck Laws
Late paycheck rules vary from state to state, so if you haven’t been paid on time, you should check the rules in the state you worked in before taking the matter further. In addition to differences between states, federal late paycheck rules as determined by the Fair Labor Standards Act (FLSA) may also be a little different from the state rules.
Both state and federal laws stipulate that an employer must make a regular payment on the day specified in the employment agreement. For delivery drivers, this is usually weekly, or biweekly. If the employer fails to pay a driver’s wage on the determined day, then this is a violation of the law.
Examples of State Late Paycheck Laws
Late paycheck laws in North Carolina state that an employer must pay wages daily, weekly, bi-weekly, semi-monthly, or monthly. Daily and monthly paycheck days are unlikely for delivery drivers, who most commonly tend to be paid weekly.
Late paycheck laws in Nevada state that if a driver does not get paid on time, then he or she may be entitled to claim ‘liquidated’ wages as an addition to the pay they have already earned. This is equal to the daily rate for each day the paycheck is late.
Alabama and South Carolina are the only two states which have no specific rules about when paychecks should be paid. Employers in these states who employ more than 5 workers only need to give written notice to their workers concerning paydays.
Step to Take When Your Paycheck is Late as a Delivery Driver
If you haven’t been paid on time and you know that you have a regular payday which has passed without being paid, check your state labor laws first to make sure you have the right to question your late paycheck. In most states, you would expect to be paid weekly or at most biweekly as a delivery driver.
- Contact your employer by letter, asking it to make the payment for what you are owed.
- If your employer fails to respond or refuses to pay what you are owed, you should register a complaint with your nearest state labor department or agency.
- If the amount owed is relatively small, you can file a claim with the small claims court. You should stay in your job and remember that your employer cannot fire you, even if as a delivery driver you are employed on at-will employment terms. More specifically, your employer cannot just fire you for claiming wages that you are owed.
- If the amount owed is relatively large, or you have difficulties with any of the previous steps above, you should talk to an employment lawyer about your legal options.
Find Help
You can contact an employment lawyer at any stage if your paycheck is late. The lawyer can provide useful advice about whether your employer has violated a state or federal paycheck law and may represent you in court if you decide to sue your employer for unpaid or late wages
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