If you are a truck driver, you have a hard job. You travel many miles and load and unload many products. You may be paid by the mile, the hour, or the load.
You, just like any other worker, depend on your paycheck to take care of business. If you do not receive your paycheck on time, you can find yourself in a financial bind. There are laws in place to protect workers and ensure that you are paid in a timely manner.
You need to know your state’s paycheck laws, so you will know when your paycheck is late based on your state’s guidelines and how to proceed with a claim against your employer. You have rights and there are resources available to help you when you are facing a challenge such as a late paycheck as a truck driver.
Late Paycheck Laws
There are federal laws that set minimum wage and establish guidelines for overtime pay. However, states set their own laws regarding pay frequency.
These late paycheck laws determine how often you will be paid and the punishment for an employer that fails to issue a timely paycheck. These late paycheck laws vary from one state to another.
Here is a rundown of some different late paycheck laws around the country. Arkansas late paycheck laws require semi-monthly paychecks while Delaware late paycheck laws require employees to be paid at least monthly. Late paycheck laws in Georgia require semi-monthly paychecks and Idaho late paycheck laws require monthly payments.
Some truckers live in one state and work in a company that operates out of another. Make sure you research the right late paycheck laws that apply in your situation. Your employee handbook and employment contract should also detail pay frequency. You should mention any problems right away, so you can make sure the issue gets addressed.
Steps to Take When Your Paycheck is Late as a Truck Driver
If you are a truck driver whose paycheck is late, you should promptly address the issue. Gather all supporting evidence and speak with your employer.
The first step will be to give your employer benefit of the doubt because the late paycheck could have been an honest mistake, such as an oversight, technical error, or something similar. If that is the case, they will work to resolve the matter right away after you speak with them.
You will need to maintain documentation after you speak with human resources (HR), and be sure to document their response to your complaint. You will want to document the date and time of the discussion as well as the name of the representative you spoke with and the response you received. If the matter is not properly addressed, you will want to advance your claim to the next level, which would be your state Wage and Hour Division.
The state Wage and Hour Division representative will review your evidence and documentation and then address the issue with your employer. They will work to resolve the matter when a trucker is not paid on time. If the issue does not get resolved at this point, the next step will be to pursue a lawsuit for wage theft against your trucking company employer.
A judge or jury will then determine the outcome of your case and come up with the value of your claim taking your damages into consideration. An employment law attorney may be able to help you with the legal process, ensuring that you are treated fairly and that all evidence is taken into consideration.
Finding Help
If you are a trucker whose paycheck is late, there is help available. You may need to enlist the help of an employment law attorney who is familiar with the state and federal employment laws that apply to your situation. You do have limited time to pursue a claim against your employer for wage theft, so do not delay getting your claim underway.
Some employment law attorneys work on a contingency basis and are not paid until you win your case and recover compensation, but there are some attorneys who require a retainer to be paid in advance. Go over the payment options with your lawyer when you are retaining legal services.
Because time is of the essence, you should not delay a legal consultation if you are a truck driver who has a late paycheck. Complete the Free Case Evaluation Form on this page to share details with a lawyer who handles such matters in your area.
