LOS ANGELES — A group of truck drivers recently filed suit in a California’s San Bernardino Superior Court to recover back wages they say their employer, Navajo Express, owes to them for a variety of federal and state wage laws.
The lawsuit claims the drivers were improperly compensated for the time they spent on the roads and were not paid at all for manual labor performed before or after making trips.
According to the complaint, the drivers were paid on a piece rate basis, meaning they are compensated for completing a set task, regardless of how quickly they finish the assignment. Unfortunately for the drivers, their piece rate pay divided by their total hours worked on the job added up to less than the state minimum wage because the employer did not believe certain tasks should count towards the piece rate.
Additionally, the plaintiffs claim their employer did not have a practice in place to record all of their hours worked, including the time put in before and after trips. The lawsuit alleges drivers should have been paid at least minimum wage for the manual labor to perform inspections as well as the time spent waiting for loads to be ready.
Furthermore, the defendant allegedly violated California labor laws by not providing an uninterrupted 30-minute meal break nor did they have a plan to do so. The complaint asserts there are no records in the defense’s possession to show any such meal breaks were taken.
Piece Rate Pay Laws
Under federal piece rate pay laws, employers are allowed to pay their workers by the job as opposed to the hour. However, employers must take time to determine how long the job should reasonably take and compensate employees according to standard labor rates for the job.
When companies fail to take into all the time put into a job or ask their workers to do more than they are expected for their piece rate, employees can end up making less than minimum wage for their tasks. Under these circumstances, workers may be able to seek legal help to recover back pay and ensure others are paid fairly as well.
Piece Rate Worker Pay Lawsuits
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you feel that you and and other employees believe that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.
Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.