Truck drivers often work for extended periods away from home and work odd hours. Some truck drivers work many hours of overtime every week but find they haven’t been paid properly when they get their paycheck.
There may be a legitimate reason why you haven’t been paid the agreed amount, but unfortunately there are some unscrupulous employers around who will do anything rather than pay their workers the correct amount.
Both state and federal labor laws make wage theft illegal. If you have evidence that your employer has deliberately attempted to withhold the agreed amount of pay from you, then you have legal options available.
Whatever the reason for the shortfall in your paycheck, you should certainly first try and find out if it is just an administrative error. If you suspect wage theft, it is advisable to contact an employment lawyer before taking the matter further.
What to Look For on Your Paycheck
If you are paid weekly, or fortnightly, as a truck driver working for an employer and not self-employed, you should receive a paycheck each payday.
The paycheck should have sufficient information in it to warn you that you haven’t been paid correctly. The paycheck should tell you:
- how many hours you worked in the pay period;
- the hourly wage you were paid;
- how many hours you worked overtime, i.e. over 40 in any 7 day period;
- the overtime rate;
- whether you were given any additional payments such as for accommodation, transport, uniform, meals, etc.:
- what deductions were made: income tax, insurance, uniform, meals, accommodation (these could be provided as part of your employment agreement or you have to pay for them yourself).
You will also need to look at the employment agreement you signed when you started work with the trucking company. Did you have an employment agreement or was the agreement about your entitlements verbal?
You will then need to compare the paycheck with previous paychecks to see if there were any significant changes that you hadn’t been told about.
Employers must pay the minimum wage, either the state minimum or the federal minimum. Most truck drivers earn more than the minimum and are more likely to be underpaid for the overtime they work or find their paycheck has been reduced through deductions which they didn’t know about.
You are entitled to be paid time and a half for every hour over 40 hours worked in any 7 day period. So, for example, if you earn $20 an hour as a truck driver and one week you work 10 hours overtime (i.e. 50 hours) you should be paid 10 x $20 x1.5 = $300 extra that week for the extra 10 hours worked.
What to Do if You Are a Victim of Wage Theft
It is an unfortunate fact that some employers try and save money by not paying their employees the agreed amount. It can be an intimidating prospect challenging our employer because you haven’t received the agreed amount, but ultimately you will be the loser if you don’t do anything about being shortchanged.
The first step should be to see the person, or office, which makes up your paychecks and is in charge of pay. Take your paycheck or paychecks (if the shortfall has been a recurrent event) to the office and explain patiently why you think you haven’t been paid correctly.
It is quite possible that there was a simple accounting error which your employer can put right. However, if you get nowhere with the visit to accounts or your employer refuses to discuss it, it is time to take the complaint about your pay to the Department of Labor (DoL) closes to you.
The Wages and Hours Division of the Department of Labor is in charge of making sure that labor laws are upheld. The Labor Commissioner has the power to issue fines and make employers pay back incorrect payments.
You will need to file a complaint with the DoL with evidence of wage theft such as your paychecks copy of your employment agreement, etc.
If the DoL has no success or you get nowhere along this route, you have the option of filing a lawsuit against your employer.
Before you take this step, you should discuss the situation carefully with an employment lawyer. The lawyer can provide legal advice, talk you through what you should do when you contact the DoL and represent you at a court if you decide to file a lawsuit for unpaid wages.
