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Attorney2020, Lawyer
Category: Employment Law
Satisfied Customers: 2577
Experience:  I have significant experience in employment law.
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I'm an Over the road truck driver, the company I work out of

Customer Question

I'm an Over the road truck driver, the company I work for is out of Canton, Michigan, I had a load that delivered in York, South Carolina on Monday at 1300, in route to my delivery, my truck broke down, I've been sitting for two days, I asked if I can get any pay for sitting, they just found it to be humorous, I decided to just resign and go work somewhere else, I'm due for home time next week, once on home time, then I will take all of my belonging out of the truck, they want me to give them a two weeks notice, but I fill I can't stand to work another moment for this company, they also have been taking out $25 a weekly out of my pay, for an escrow and I'm a company driver, they say it's for if they gotta retrieve the truck or pay damage, so if that's the case then does they have the right to put abandonment on my DAC, if I resign from and I'm at home, my home is in Atlanta, Georgia. I want to know what rights do I have or options and what I need to do as far as legal rights I have.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Attorney2020 replied 1 year ago.

There is no GA law that prevents an employer from deducting such as expense. However, under the Fair Labor Standards Act if you were not provided with minimum wage ($7.25 per hour for all hours worked and overtime at a time and a half at $10.88 for hours worked above 40 per week) by virtue of the company deducting these expenses you would be entitled to recover such minimum wage and any overtime pay.

I hope that helped. Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation. Thank you.

Customer: replied 1 year ago.

The company is based out of Canton, Michigan and is an over the road company, I get paid by practical miles, and not by the hour, by the company being based out Michigan, does this apply?

Expert:  Attorney2020 replied 1 year ago.

Yes, as the Fair Labor Standards Act is federal law that applies to every company.

I hope that helped. Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation. Thank you.

Expert:  Attorney2020 replied 1 year ago.

I hope that helped. Please ask any follow-up questions. Please rate my answer so that may be credited for my time. I thank you in advance for your cooperation. Thank you.

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