Truck Driver Labor Laws

Many states have different laws when it comes to defining employees and independent contractors. Employees are often recipients of more rights and benefits: to avoid fulfilling those legal obligations, employers will sometimes try to classify employees as independent contractors instead. 

This is not just a technical distinction; it can have a big impact on workers. The biggest difference between the two classifications is that independent contractors often don’t get overtime pay. 

A trucker who’s classified as an independent contractor may be misclassified and therefore eligible for compensation if any of the following apply: 

• They only work for one employer 
• They must accept a designated rate per load, with no ability to negotiate 
• They drive an employer-provided truck 
• They cannot refuse loads 
• They have insurance, maintenance, or lease payments directly deducted from their paycheck

Depending on the laws in your particular state, an independent contractor trucker dealing with any of the above may be misclassified and have grounds for a lawsuit.

Truckers traditionally are paid by the mile. However, that doesn’t always account for time spent loading, unloading, and waiting out a traffic or weather delay. The extra uncompensated time could mean some truckers receive less than the minimum wage. 

There have been a wave of lawsuits centered on this issue, including a class-action lawsuit against an Arkansas trucking company in 2016. The company ended up settling for $16.5 million. 

Trucker-focused minimum wage laws have been changing across the country.

If you are a trucker and believe that you are being taken advantage of, we’re here for you. Morgan & Morgan employment law attorneys can help fight for the justice and compensation you deserve. 

No one deserves to be taken advantage of and mistreated by their employer, and no one should take on this fight alone. With Morgan & Morgan, you’ll never have to pay any upfront costs, so no matter your financial situation, you can have a great Morgan & Morgan attorney at your side. 

We have recovered more than 20 billion for our clients to date, and we’ve fought and won against some of the largest corporations in America on behalf of clients just like you. We fight for the people, not the powerful. So don’t wait; call today for your free consultation.