» California Truckers Allege They Are Misclassified As Independent Contractors Rather Than Employees

California Truckers Allege They Are Misclassified As Independent Contractors Rather Than Employees

Sacramento, CA (Law Firm Newswire) July 1, 2014 – Golden State’s Justice for Port Truck Drivers picketed at the Los Angeles and Long Beach ports to protest being classified as independent contractors and not employees.

“I see a large number of cases in my practice that involve misclassified workers and it seems to be a near epidemic. To avoid paying various benefits to employees, a company misclassifies their workers. Whatever the reasons used, it is illegal and denies workers the protection of state and federal laws and results in lower wages and no appreciable benefits,” outlines experienced Sacramento employment lawyer, Deborah Barron. “In California, port truckers account for over 500 complaints relating to wage theft due to misclassification.”

Given the size of the trucking industry, it gives one pause to note that roughly only 10 percent of big rig drivers are considered to be direct employees of a company. Truckers illegally classified as independent contractors are fed up and have taken steps to file lawsuits and complaints with federal and state agencies to force a change in their status. In the Golden State, according to the Department of Industrial Relations, 32 truckers won decisions against 13 trucking firms and were awarded $3.8 million in wages. The trucking companies were awarded penalties for circumventing labor laws.

Rebecca Smith, deputy director for the National Employment Law Project, states that: “The era of misclassification is over …. and the industry should be sitting up and taking notice.”

Barron, who regularly samples the pulse of labor relations and related legal issues in California, keeping tabs on relevant news in the employment industry, notes that protests launched by truckers who are not considered employees are spreading across the U.S. “It’s not a protest about the nature of the work,” says Barron, “It’s about getting fair pay and benefits for a hard day’s work. It’s about a worker’s right to be treated equitably and treated with respect.”

Currently, if a trucker in California is considered to be an independent contractor, they are expected to pay for gas to run their rigs, insurance on their truck and for maintenance. Most truckers take home pay is roughly $400/week. “If you do the math on that, you’ll see that they make an hourly wage below the state minimum, which is $9/hour,” explains Barron. State employment laws exist to protect workers. It’s time to make that happen in the trucking industry.

Barron Law Corporation
1900 Point West Way, Suite 202
Sacramento, CA 95815
Phone: 916-486-1712
http://www.lawbarron.com

Twitter

Facebook

Google+


View Larger Map

  • Concussion incident rates rise in California
    A new report published in the Journal of the American Medical Association has suggested that increasing numbers of E.R. visits are related to concussions and head trauma. According to the report, E.R. visits for traumatic brain injuries leapt by 29.1 percent between 2006 and 2010. Scientists from the Harvard Medical School and the University of […]
  • Nationwide, nursing home abuse startlingly common
    In the latest of a tidal wave of senior abuse reports, federal authorities fined a Kansas nursing home more than $185,000 and imposed a $1,000 per day fine that will be charged until the home is brought back into compliance.  The State Department for Aging and Disability Services alleged that four staff at the home […]
  • Should large retail stores have portable defibrillator units on hand?
    While portable defibrillator units do save lives, they can also backfire, causing unnecessary harm. For more than 20 years, the percentage of public locations, including airports and bus stations, with automated external defibrillator units has grown steadily. But should retail stores carry them as well? The California Supreme Court, in hearing arguments in a wrongful […]

See other news sources publishing this article. BETA | Tags: , , , , ,



Get headlines from Law Firm Newswire sent right to your inbox.

* indicates required