California Employment Law
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8 drivers responsilibilties include help load trucks, route drivers, drive and deliver freight myself, field calls from dispatch and boss
Here is an excellent article which deals with pursuing an FLSA claim---which you may do in either state court or federal court. Do take the time to review it: http://www.peterslawfirm.com/scottpeters/publications/trial%20aug%2008%20peters-walton-1.pdf
I urge you to meet with a local Employment Law attorney to discuss this matter. based on your suggestion that you work as much as 20 to 30 hours of overtime a week---even if you earn just $10.00 an hour, the money you may be entitled to could be as high as $75,000.00.
Here is a link which explains what it takes to be classifies as salaried exempt in the first place:
i get paid 150.00 dollars a day, i work at least 12 hours a day 6 to 6 or longer, i am receiving calls 24/7 from drivers, wherehouse and disbatch. night linehaul drivers work graveyard shifts, warehouse supervisor who also works graveyard calls to inform me about how much freight and to who and when it has to be delivered so i can let them know what trailers to use and the driver who will be making the deliveries. we have 53 foot trailers and bobtail trailers. there could be as much as 8 delivers on one 53 footer. i get calls when im at home all the time at 10, 11 even 1 in the morning when ever they need to find out about something. i dont get any extra pay for being on call 24/7 with any problems or answers they might need. my boss is an owner/operator and at will employer, we have no benefits and if we miss work we dont get sick leave most of the time we work on the weekend to make up for days pay that we missed. there have been times that he did pay me for the day i was sick but usually he dosen't. is there anything i can do now to make my situation any better or do i have to take him to court and if i do that that means i will no longer have a job. i know i should file a claim against him what is your advise. and again thank you for listening to me and letting me vent. ron
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