Truck Driver Personal Injury Attorney in Chatsworth, CA
Los Angeles boasts one of the most flourishing economies in the country, containing various industries that are bound for tremendous expansion or have already been prospering for decades. From media entertainment to technology to healthcare, California stands as a beacon for American economic growth.
With such an expansive economy, transporting goods, materials, and labor became imperative for California’s sustained growth. Places like Chatsworth host immense distribution centers that require the services of long-haul truck drivers. The number of goods and materials transported on an ongoing basis is enormous, making California a critical state for trucking activity.
The worsening truck driver shortage has forced trucking companies to look for more ways to stay competitive. As a result, wages have increased significantly over the last few years, as well as benefits such as healthcare.
However, many truckers are still subject to wage and hour violations, harassment or mistreatment in the workplace, and various personal injury issues.
Issues With Hours and Wages
Countless truck drivers struggle with low wages, often based on the piece rate. This means that they are compensated depending on their performance. Companies have the option to remunerate their drivers in three distinct ways: mileage, load delivery percentage, or on an hourly basis.
The pay-per-mile and per-load systems can also put drivers in a compromising position. This is because these methods sometimes factor in hours dedicated to work not associated with piece-rate payment. This is why drivers must comprehend the legislation on piece-rate compensation.
Understanding Price-Rate Compensation
According to the California Labor Code, piece-rate pay should not be less than the state’s legally mandated minimum hourly wage of $13 – $14 (as of August 2021) when calculated by dividing by the number of hours worked.
To ensure that you are compensated adequately for an 8-hour round-trip delivery, your total earnings should be a minimum of $104 – equating to the required $13 hourly rate.
Truck drivers must recognize that they are eligible to receive separate remuneration for non-piece-rate hours. These hours include time spent doing the following:
- Loading and unloading the truck
- Attending required training sessions and meetings
- Vehicle inspection and repairs
- Trip delays caused by bad weather
Hours of Service Regulations
In addition to the piece-rate compensation law, drivers are safeguarded by federal regulations set forth by the Federal Motor Carrier Safety Administration (FMCSA), known as Hours of Service. As per the Federal Motor Carrier Safety Administration (FMCSA), truck drivers have a right to:
- 30-Minute Driving Break: Drivers must take a 30-minute break after eight hours of continuous driving, with no pauses exceeding thirty minutes. During their on-duty shift, truckers can focus on non-driving tasks such as refueling and inspecting the vehicle.
- Adverse Driving Conditions Provision: If truckers encounter any hazardous conditions while they are on the road, they can exceed their 11-hour driving limit by up to two hours. These hazards include car crashes and extreme weather like heavy snowfall or torrential downpours.
Mistreatment in the Workplace
It’s common for truckers to be treated unjustly in the workplace. These violations include unfair pay, denial of food and rest breaks, and physical abuse by management or other workers. Human resources departments should ensure that truckers are adequately informed of their rights and work to create an environment free of harassment and mistreatment.
It’s also essential for truck drivers to be aware of their state’s labor laws, such as the legal working hours or minimum wage requirements. This knowledge can help protect them from exploitation and provide them with a better quality of life.
Personal Injury Issues
Truckers often face various personal injury issues due to the nature of their occupation. These can include fatigue-related accidents, trucking accidents, and occupational illness caused by long hours of driving in hostile conditions or exposure to toxic materials.
Many states have passed worker’s compensation laws to ensure that drivers are protected from harm and have access to medical care. These laws give truck drivers the right to receive financial assistance in case of an injury or illness caused by their employment.
Work with a Trusted Truck Driver Wage and Personal Injury Lawyer in Chatsworth, CA
If any of these issues or violations occur, it’s important to seek reliable legal assistance. At Truck Driver Rights, we provide comprehensive legal counsel and representation for truckers dealing with labor disputes, wage claims, and personal injury issues.
Contact our offices today at (877) 700-0009 to schedule a free consultation.