Delivery Driver Wage Violations Lawyers
Motor carriers and other companies that depend on drivers to provide transportation services are subject to specific legislation under the Fair Labor Standards Act (FLSA). While these regulations are meant to protect both drivers and employers, wage and hour violations still occur in Ohio which deprives drivers of significant amounts of earned wages.
Any delivery driver in Ohio who experiences a wage violation should know that legal counsel is available to help them enforce their rights. Our employee misclassification lawyers have the knowledge and skill to figure out whether there has been a possible violation despite all of the nuances and regulations surrounding these situations. With all the different types of exemptions, our experienced attorneys could discern whether or not there has been a misclassification through questioning.
Our lawyers could pursue a lawsuit on your behalf for the unpaid minimum or overtime wages you should have been paid and other damages. If there has been a minimum wage violation, you may be eligible to obtain treble damages, which is what is owed in unpaid wages, and an additional two times this amount.
If there has been a violation that applies to a group of employees rather than just one employee, our firm also could pursue a class or collective action. For more information about how we could help you, call today.
Independent Contractor Misclassification
One of the most common ways in which delivery driver wage violations occur is through employee misclassification. Employers across virtually all industries have been known to wrongly categorize workers who should be considered employees as, instead, exempt from certain protections guaranteed under the FLSA.
Anyone in Ohio who is considered a non-exempt employee must be paid a minimum hourly wage of at least $8.70 or the federal minimum hourly wage of $7.25, if the company they work for brings in less than $319,000 in yearly gross revenue. Furthermore, their hourly compensation must be multiplied by a factor of one-and-a-half for every hour worked beyond 40 in one week.
Exempt employees, as defined under 29 United States Code §213, include those who work in an administrative capacity, as an executive, as an outside salesperson, or as a learned professional, as well as independent contractors. However, courts generally consider anyone who works primarily for a single company and/or who has to take direction from an employer regarding where and how they work to be an employee rather than an independent contractor. Accordingly, any delivery driver misclassified as an independent contractor might have experienced wage theft in violation of the FLSA.
Overtime Exemptions for Motor Carriers
Under the FLSA, certain types of delivery drivers are subject to exemption from overtime regulations. Specifically, this motor carrier overtime exemption applies to anyone who works primarily as a driver, driver’s helper, loader, or mechanic for a motor carrier or motor private carrier; and whose primary job duties involve safely operating a motor vehicle for the purposes of interstate transportation.
Importantly, the exemption does not apply for small vehicles with a gross combined vehicle weight rating less than or equal to 10,000 pounds. Additionally, “interstate transportation” specifically refers to travel across state lines, not simply driving on public highways.
Because of these exceptions, delivery drivers who use local routes usually have overtime coverage under the FLSA, meaning that a denial of overtime pay may constitute a wage violation. Legal counsel could offer further clarification about which particular restrictions may or may not apply to an individual driver.