Filing a wage claim?

[socalfusions]

I'm looking to file a wage claim against my contractor as I haven't received my final paycheck in over two weeks where they continue to avoid my attempts at contacting them. Looking to get some clarification on what exactly I can claim besides the paycheck itself. I never took breaks or lunchs due to peak season, wasn't paid overtime even though I was given mixed answers by my contractor and trainer, and I was trained for the first 9 weeks even though the initial job advertisement stated two weeks of training at training pay which would then turn into standard pay, this resulted in quite a bit of missed out income.

I'm assuming that the overtime situation would fall into independent contractors not being required to pay overtime, this wasn't made clear initially and many of my colleagues, including myself, became very frustrated when we found out we weren't being paid overtime seeing as how we were working 10-12 hour shifts.

My main dilemma at the moment is that I haven't received my final paycheck which was unfortunate due to the holiday season. My contractor has a terrible habit of not communicating with his employees and I've never received an email response from him despite numerous important issues being brought up.

Seeing as how just about every worker never had the luxury of taking a break or lunch due to the demanding peak season, is that something that we can be compensated for through a wage claim? I'm curious if I would be able to be compensated for all of the weeks of additional training I received at a lower wage than promised or if they had every right to put me on extended training as they saw fit. Even if that was the case why would they give me the standard non training wage but still put the trainer with me after I brought the issue up?

Overall the independent contractor system seems like a real mess and something that caught me by surprise. Most people, including myself, former colleagues, and even supervisors, seem to think that Fedex is nothing but bottom line tactics which has resulted in a chain reaction of quality of life issues descending from the top of the corporate ladder and ultimately falling into the grunt workforce who is affected the most. Maybe it's the high standard that UPS has set for the delivery driver image that makes most people think you have something good when you tell them you work at Fedex but I always had to restrain myself from informing them of all of the downsides of the current system but it's a relief that I won't be doing that anymore.

 

[Cactus]

Call the state department of labor on the SOB.

 

[Nolimitz]

highly dependent on state labor laws as Cactus mentioned. Good luck

 

[MAKAVELI]

I'm looking to file a wage claim against my contractor as I haven't received my final paycheck in over two weeks where they continue to avoid my attempts at contacting them. Looking to get some clarification on what exactly I can claim besides the paycheck itself. I never took breaks or lunchs due to peak season, wasn't paid overtime even though I was given mixed answers by my contractor and trainer, and I was trained for the first 9 weeks even though the initial job advertisement stated two weeks of training at training pay which would then turn into standard pay, this resulted in quite a bit of missed out income.

I'm assuming that the overtime situation would fall into independent contractors not being required to pay overtime, this wasn't made clear initially and many of my colleagues, including myself, became very frustrated when we found out we weren't being paid overtime seeing as how we were working 10-12 hour shifts.

My main dilemma at the moment is that I haven't received my final paycheck which was unfortunate due to the holiday season. My contractor has a terrible habit of not communicating with his employees and I've never received an email response from him despite numerous important issues being brought up.

Seeing as how just about every worker never had the luxury of taking a break or lunch due to the demanding peak season, is that something that we can be compensated for through a wage claim? I'm curious if I would be able to be compensated for all of the weeks of additional training I received at a lower wage than promised or if they had every right to put me on extended training as they saw fit. Even if that was the case why would they give me the standard non training wage but still put the trainer with me after I brought the issue up?

Overall the independent contractor system seems like a real mess and something that caught me by surprise. Most people, including myself, former colleagues, and even supervisors, seem to think that Fedex is nothing but bottom line tactics which has resulted in a chain reaction of quality of life issues descending from the top of the corporate ladder and ultimately falling into the grunt workforce who is affected the most. Maybe it's the high standard that UPS has set for the delivery driver image that makes most people think you have something good when you tell them you work at Fedex but I always had to restrain myself from informing them of all of the downsides of the current system but it's a relief that I won't be doing that anymore.

Overtime
I believe your contractor would be liable for overtime pay based on the type and size truck you were driving. I would contact the California DOL to find out the specifics of the law and whether it applies to you.

 

[It will be fine]

If the truck is rated for over 10k lbs you're not eligible for overtime. If you're on salary lunch and breaks are on you to take. Unless you were instructed not to take them or disciplined for taking them. If you were just so slow you couldn't take a break, which is probably the case if you were with a trainer for 9 weeks, it's on you.
I would call him, leave a message, email and snail mail him letters saying you want your last paycheck. Say you don't want to have to get a lawyer involved since it'll be more expensive for everyone if you do. If you do need a lawyer you'll need good records.

 

[MAKAVELI]

If the truck is rated for over 10k lbs you're not eligible for overtime. If you're on salary lunch and breaks are on you to take. Unless you were instructed not to take them or disciplined for taking them. If you were just so slow you couldn't take a break, which is probably the case if you were with a trainer for 9 weeks, it's on you.
I would call him, leave a message, email and snail mail him letters saying you want your last paycheck. Say you don't want to have to get a lawyer involved since it'll be more expensive for everyone if you do. If you do need a lawyer you'll need good records.

You are wrong about meal breaks in Cali. It is the responsibility of the employer as well to make sure they take them and at the required times. At Express the company is penalized if we don't take them or not on time.
Division of Labor Standards Enforcement (DLSE)

 

[It will be fine]

You are wrong about meal breaks in Cali. It is the responsibility of the employer as well to make sure they take them and at the required times. At Express the company is penalized if we don't take them or not on time.
Division of Labor Standards Enforcement (DLSE)

It doesn't sound that black and white. From the site you posted
"The employer would not be liable for meal period premium pay where there is bona fide relief from duty and relinquishment of employer control (and no discouragement or coercion from the employer against taking the meal period.)"
If a driver chooses to keep working they can, it just remains on the clock time. As long as the contractor told them they can take a lunch as long as they lock up the truck, parked safely etc. It's up to the driver to actually take it. It's not reasonable for the employer to force drivers to stop for a half hour mid day especially if they're salaried.

 

[MAKAVELI]

It doesn't sound that black and white. From the site you posted
"The employer would not be liable for meal period premium pay where there is bona fide relief from duty and relinquishment of employer control (and no discouragement or coercion from the employer against taking the meal period.)"
If a driver chooses to keep working they can, it just remains on the clock time. As long as the contractor told them they can take a lunch as long as they lock up the truck, parked safely etc. It's up to the driver to actually take it. It's not reasonable for the employer to force drivers to stop for a half hour mid day especially if they're salaried.

It is in black and white like I told you at Express we are relieved of all duties that's why they lock us out of our power pads but if we do not take it on time or do not take it they have to add an hour's pay penalty 2 hour time card. The employer has to prove the employee is relieved of all duties for the duration of the meal period for the employee irregardless as long as he is a non-exempt employee. And the employer is responsible if he decides not to take it. We do get an olcc if we have a break violation though.The op may have a case if he can prove that his employer did not provide time for a meal break. I would suggest getting a labor attorney and filing a wage claim.

 

[MAKAVELI]

It doesn't sound that black and white. From the site you posted
"The employer would not be liable for meal period premium pay where there is bona fide relief from duty and relinquishment of employer control (and no discouragement or coercion from the employer against taking the meal period.)"
If a driver chooses to keep working they can, it just remains on the clock time. As long as the contractor told them they can take a lunch as long as they lock up the truck, parked safely etc. It's up to the driver to actually take it. It's not reasonable for the employer to force drivers to stop for a half hour mid day especially if they're salaried.

It also doesn't matter if the employee is salaried. Ground drivers don't meet the definition of an exempt employee.

 

[OrioN]

U have been warned by me on a few of your threads.... I use to have a garbage contractor but I switched to a better one.

I was given a Ford rental that was just 50 lbs. over the 10k gvw limit to avoid calculations on OT pay for this peak season.

I was slightly amazed to see a decent Xmas bonus the past Saturday, but it was still lower than a proper OT pay if I remained in my GMC shorty box truck.

With getting paid salary or by the stop, u should have learned to snack~on~da~fly. Eating light snacks during your 10_12_14 hour days. If I see my next stop is 30 minutes away from my core zone, I break out my cheesy crackers n munch whilst I get to that stop, sipping purple koolaid aka grape Tang© and singing Kumbaya while I try to ignore that I'm not paid by the hour.

U also should have built a delivery driver routine, u poop in the AM at home or at the station before u get on the road . And then another deuce in the PM at home or after your done your route.

U won't catch me putting a weather bag over a FedEx tote and squatting in the cargo area. So that means "no quiero Taco Bell or any spicy food during the 6 days working week. Save that stuff on the weekends.

U will, however, pee in a bottle in the cargo area, not in the cab. We don't get paid for trying to find a restroom, but it does vary by route demographics.

BigMac, they tried to implement that, but it was shot down quickly since we demanded to get paid by the hour if that was the case

 

[MAKAVELI]

It doesn't sound that black and white. From the site you posted
"The employer would not be liable for meal period premium pay where there is bona fide relief from duty and relinquishment of employer control (and no discouragement or coercion from the employer against taking the meal period.)"
If a driver chooses to keep working they can, it just remains on the clock time. As long as the contractor told them they can take a lunch as long as they lock up the truck, parked safely etc. It's up to the driver to actually take it. It's not reasonable for the employer to force drivers to stop for a half hour mid day especially if they're salaried.

You forgot to post the other part of that paragraph.

However, in this circumstance, an employer that knows or has reason to know an employee is performing work during the meal period owes compensation to the employee for the time worked (including any overtime hours that have accrued as a result of working through the meal period). See Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004.

 

[It will be fine]

It also doesn't matter if the employee is salaried. Ground drivers don't meet the definition of an exempt employee.

If he only drives a truck over 10k he is covered under the motor carrier exemption to be an overtime exempt employee. The massive recent settlement in Cali backs this up. Only drivers that drove trucks under 10k received overtime compensation.

 

[MAKAVELI]

If he only drives a truck over 10k he is covered under the motor carrier exemption to be an overtime exempt employee. The massive recent settlement in Cali backs this up. Only drivers that drove trucks under 10k received overtime compensation.

Sorry that doesn't apply to California meal break provisions. He's not an exempt employee. This is why our RTD drivers have to follow the same meal break rules.

 

[It will be fine]

Sorry that doesn't apply to California meal break provisions. He's not an exempt employee. This is why our RTD drivers have to follow the same meal break rules.

The OP will have a hard time getting extra money for meal breaks if that time was already built into his salary. If he drove a real truck and isn't due overtime there's no extra money due. My guys can spend all day out there if they want to. They're basically free from my control all they want as long as the job gets done. If they want to run and gun and finish in 7 hours without a break they can, if they want to do the same work in 11 hours taking 2 hour long breaks during the day they can, but they aren't getting overtime pay for it. But I don't operate in the People's Republic of California, which sounds like a nightmare for employers.

 

[MAKAVELI]

The OP will have a hard time getting extra money for meal breaks if that time was already built into his salary. If he drove a real truck and isn't due overtime there's no extra money due. My guys can spend all day out there if they want to. They're basically free from my control all they want as long as the job gets done. If they want to run and gun and finish in 7 hours without a break they can, if they want to do the same work in 11 hours taking 2 hour long breaks during the day they can, but they aren't getting overtime pay for it. But I don't operate in the People's Republic of California, which sounds like a nightmare for employers.

You mean you don't operate in a pro. labor State like California. It really isn't that hard to prove if you had a meal break provided or Not by your employer. His job is to deliver packages your job is to manage them follow state and federal labor laws

 

[Southeast Hoss]

Ground don't take any breaks- not enough time to- got to eat on the run.

You are wrong about meal breaks in Cali. It is the responsibility of the employer as well to make sure they take them and at the required times. At Express the company is penalized if we don't take them or not on time.
Division of Labor Standards Enforcement (DLSE)

 

[MAKAVELI]

Ground don't take any breaks- not enough time to- got to eat on the run.

Exactly except for in California that can get the contractor in a lot of trouble.

 

[dmac1]

Your 'contractor' used training pay and had you ride as a trainee during peak just so he could use you as a cheap 'jumper.' You need an attorney, and sue both the contractor and fedex.

Since fedex settled with the drivers after a court ruled that contractors were employees of fedex. the ruling would make you an employee of fedex, the contractor, or both. Fedex was never forced to comply with the law since they settled. It is up to people like you who have been wronged to force compliance. I believe that you may also be entitled to both legal fees and triple damages since the employer didn't pay your final check within a set time.

If you left for good reason, or were terminated, file an unemployment claim. There are attorneys working on the 'co-employee' situation and google to find them, and maybe try to find the local attorney that was involved in the California fedex settlement. They may be looking for another class action to get rich from.

This whole bs of fedex using 'contractors' when their core business is delivering packages makes the whole 'contactor' scheme a scam for workers like you.

 

[Southeast Hoss]

No- drivers are not employees of FedEx- they just wear their uniform

 

[dmac1]

No- drivers are not employees of FedEx- they just wear their uniform

That's something the courts will consider, along with using a fedex supplied scanner, rain bags, mapping, etc. Among other things.