Truck Driver Personal Injury and Wage Attorneys in West Covina, CA
Situated in the heart of the San Gabriel Valley in Southern California is the suburban city of West Covina. The city has 4 miles of freeway along Interstate-10, which serves as a commercial corridor that includes shopping centers, office buildings, and a power center.
Because of its prime geographic location, West Covina has not only attracted businesses but also residents seeking housing and job opportunities.
With this level of economic activity, it’s essential that the movement of goods is able to sustain the growing operational demands of the City. This means truck drivers are working relentlessly behind the scenes to ensure that ample supplies are distributed across West Covina.
Legal Representation for Truckers
As with any high-growth industry, problems may arise between employers and employees regarding unfair wages, lack of benefits, unjust working hours, and work-related personal injuries.
Truck drivers in West Covina who are facing similar challenges may seek assistance from the personal injury and wage lawyers at Truck Driver Rights. We fight aggressively to ensure that truckers are well-compensated for their hard work and that their rights are protected.
Our reliable attorneys help you file claims against employers who violate worker’s compensation as well as health and safety protocols.
Problems with Wage and Hour
Truck drivers are compensated on a piece-rate basis, which means they are paid according to fulfillment. Depending on the employer, they can be paid by the hour, the percentage of load delivered, or the miles driven.
These arrangements, however, places drivers in an unfavorable position since they don’t always cover the time spent performing tasks outside the piece-rate pay. This stresses, more than ever, why drivers should be familiar with the piece-rate compensation law.
Piece-Rate Compensation Law Explained
According to California’s Labor Code on piece-rate pay, workers should be paid within the state’s minimum wage of $14 to $15 per hour (as of January 2022) divided by the number of hours worked. So, for instance, a driver making an eight-hour round-trip delivery should receive a minimum of $112 in compensation.
In addition, truckers are entitled to separate pay for non-piece-rate hours. This covers time spent for meetings and training, vehicle repair and maintenance, loading and unloading of trucks, and trip delays due to inclement weather.
Rules on Hours of Service
Beyond the piece-rate compensation law, truck drivers are also protected by the Federal Motor Carrier Safety Administration’s (FMCSA) rules on hours of service. Here’s what you need to know:
- 30-Minute Driving Rest Periods: Drivers are entitled to a 30-minute break after being on the road for a total of 8 hours without rest in between. This time can be allotted for non-driving tasks like refueling or vehicle inspections.
- Provisions on Adverse Driving Conditions: Truckers who encounter adverse conditions on the road can extend their 11-hour driving limit up to two hours. These include traffic accidents and harsh driving conditions like heavy rain.
Health and Safety Risks
Long hours spent on the road expose truck drivers to various health issues, including mental health problems, obesity, high blood pressure, diabetes, and overfatigue. According to the Centers for Disease Control and Prevention, these medical issues places drivers at greater risk of accidents.
To ensure a safe working environment for drivers, the Surface Transportation Assistance Act guarantees drivers the following rights:
- They may refuse to drive while sick or fatigued.
- Thye may refuse to drive under adverse weather conditions.
- They may refuse to violate Hours of Service.
- They may refuse to drive an unmaintained, overloaded, or faulty vehicle.
- They may file a complaint against their employer with the Department of Transportation.
Truckers can also file a personal injury lawsuit against negligent employers. For example, an employer forced a driver to work using an uninspected or faulty vehicle, which resulted in an accident. The employer can be held liable, and the driver may seek compensation for damages.
If you are under-compensated or an employer is forcing you to drive under unsafe conditions, please seek legal help immediately. Your attorney will investigate potential labor violations and help you get the compensation you deserve.
Hire a Trusted Truck Driver Attorney in West Covina, CA
At Truck Driver Rights, we help truck drivers contest unfair labor practices, recover lost wages, and file personal injury claims. Our legal team is highly experienced in lawsuits, class actions, and mediations.
Reach out to Truck Driver Rights at 877-700-0009 or complete our online form today to get a free consultation.