Employee Misclassification Lawsuit Brings Overtime Compensation to Tractor Operators

March 14, 2011

Employment misclassification is a growing problem in the workplace, as our attorneys discussed in a recent Orange County, California employment blog, where employees are often misclassified as being exempt from overtime laws, denying them of their hard earned wages.

Under the Fair Labor Standards Act (FLSA), employees who are covered by the act must at least be paid $7.25, the federal minimum wage, for all hours worked, and one and a half times their normal pay rates for all hours worked beyond 40 in a work week. According to the DOL, in general, any "hours worked" includes the time an employee or worker must be on work duty, or on the premises of the employer or any other work area prescribed by the employer--from the beginning of the main work activity of the day to the end of the last main work activity of the day. The law also specifies that all records of any employee hours, wages or conditions of employment must be accurately kept.

In a recent employee misclassification investigation, spearheaded by the U.S. Department of Labor (DOL), the Florida-based company RDL Logistics LLC, has been ordered to pay $50,258 in overtime back wages to eight yard tractor operators after the employees were found to be misclassified by the department.

The investigation found that the employees, who moved trailers and trucks on the company's property only and did not transport goods on public roads, were forced to perform physical labor for over 40 hours a week, including weekends, without receiving any compensation for their efforts.

Howard Law, PC represents California employees who have experienced violations of wage and hour laws, robbing them of overtime pay, who are seeking recovery. In Orange County, California, contact our labor and employment lawyers to find the best solution to your wage and hour issue. Contact us today.

Trucking company pays workers more than $50,000 in back wages following US Labor Department investigation, The US Department of Labor, February 17, 2011

Related Web Resources:

U.S. Department of Labor: Wage and Hour Division (WHD), Fair Labor Standards Act (FLSA)

Recent Blog Posts:

Judge Orders Trucking Company to Repay Employees $51K in Back Wages, California Employment Lawyers Blog, December 27, 2010

California Port Drivers File Class Action Wage and Hour Lawsuit Against Company, California Employment Lawyers Blog, July 8, 2010