Truck Driver Personal Injury and Wage Lawyers in San Fernando Valley, CA
The San Fernando Valley is one of the most underrated and overlooked locations in California, but it should not be underestimated. Among other areas in the Los Angeles metro and the state as a whole, the San Fernando Valley’s economy is showing great promise in bouncing back from the pandemic, with an estimated 4.4% growth.
San Fernando Valley Trucking Industry
As the economy continues to expand, truck driver jobs have emerged as one of the fastest-growing employment sectors. Despite the many job listings and incentives in the trucking industry, drivers are reluctant.
This reluctance can be attributed to wage and hour issues, as well as health and safety risks. As for truck drivers who are embroiled in legal battles, they are often unaware of the benefits of working with a truck driver personal injury and wage lawyer in San Fernando Valley, which we at Truck Driver Rights can be of help.
Continue reading to learn more.
Wage and Hour Issues
While the federal Fair Labor Standards Act establishes minimum wages and overtime pay for non-exempt workers such as truckers, many employers in this industry are not compliant with these rules. As a result, truckers may be forced to work beyond their scheduled hours without receiving the appropriate overtime pay or even minimum wage.
In addition, truck drivers may also face challenges when it comes to receiving accurate paychecks due to errors or miscalculations. Some employers might attempt to withhold wages from drivers, making it difficult for them to receive the amount they are owed on time.
Piece-Rate Compensation
California truck drivers need to stay informed of their pay rights according to the state labor code. As of August 2021, they should be earning at least $13–$14 per hour for piece-rate work and separate compensation for non-piece rate hours (such as vehicle inspections or unloading).
For example, that means an eight-hour shift must include a minimum payment amounting to approximately $104 total under these regulations.
Hours of Service
Truck drivers are also protected by Hours of Service regulations implemented by the Federal Motor Carrier Safety Administration (FMCSA). Truck drivers are entitled to the following:
- 30-Minute Driving Break: Drivers need to take a 30-minute break after driving for eight straight hours without at least one 30-minute interruption.
- Adverse Driving Conditions Provision: Truckers can extend their 11-hour driving limit up to two hours if they encounter adverse conditions on the road, such as traffic accidents or inclement weather.
Health and Safety Risks
Truckers often face serious health and safety risks while on duty, as many companies fail to invest in proper training and equipment. Many truck drivers are tasked with working long hours without regular breaks, which can lead to fatigue-related accidents that put both other motorists and themselves at risk of injury or death.
Furthermore, truckers routinely transport hazardous materials, which can lead to environmental disasters if proper safety protocols are not followed.
The Surface Transportation Assistance Act allows truck drivers to refuse to drive under the following conditions:
- Adverse weather conditions
- When the driver is fatigued or has an illness
- Vehicle is unchecked, overloaded, or faulty
- Violations of hours of service
They can also file a complaint against their employer with the Department of Transportation. For example, truck drivers can file personal injury claims due to negligence on the part of their employer.
Reliable Legal Advice and Representation for San Fernando Valley Truckers
If your employer is violating any labor codes, seek legal assistance immediately. A dependable truck driver personal injury and wage lawyer in San Fernando Valley can provide sound advice regarding your legal rights as an employee and protect your best interests under the law.
Truck Driver Rights strives to obtain fair compensation for truck drivers whose rights and safety have been undermined by their employers. We represent truckers in mediations, lawsuits, and class actions. Contact us at 877-700-0009 or fill out our consultation form today.