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CalAttorney2, Attorney
Category: Employment Law
Satisfied Customers: 10215
Experience:  Civil litigation attorney for individuals and businesses.
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I am a truck driver 7 years ... Working currently on a

Customer Question

I am a truck driver for almost 7 years ... Working currently on a flatbed truck company. I am tired of working for free and I just want what is mine... They are many gaps on behalf my employer that only benefits them and not the worker ( me ). I get paid per Mile I drive but not the extra work that I am not getting paid for , as doing paper work , securing load , mechanics related work , and overtime pay , and many more.
What are my options to pursue a lawsuit against my company? thank you.
Submitted: 3 months ago.
Category: Employment Law
Expert:  CalAttorney2 replied 3 months ago.

Dear Customer,

While truck drivers have notoriously been disinfranchised as "independent contractors" - and therefore unable to claim compensation for many things such as overtime, wage and hour claims, and other compensation - there has been many recent developments in case law (particularly on the federal level) that is starting to change this.

Your best option is to speak to a local employment law attorney (not a worker's compensation attorney - these are two different types of law), and ask for a consultation - most of these attorneys will provide you with a free or reduced cost consultation (many will at a minimum provide you with an over the phone consultation if not meet with you in their office).

They can go over your employment contract, the actual work that you do, and see whether or not you are being properly categorized as an "independent contractor" or if you should be categorized as an "employee" in which case you can force your employer to compensate you more fully (and may even be entitled to additional damages for wrongful withholding of wages).

You can find local attorneys using the State and local Bar Association directories, or private directories such as;; or (I personally find to be the most user friendly).

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