is it legal?

Question

work for small trucking co. and after two years founding out that they are paying all drivers except me for extra stops. is this not discrimination? do employment laws say anything concerning this? have brought it to their attention and they say drivers are lying to me! but i have seen the check stubs and know its true! what can i do?

Answer 1

not much as I see it if you tell them how you found out you and the person who showed their pay stub can be terminated for violating company policy. As far as discrimination you were happy till you found out so I don't think you will have a case

Answer 2

Because truck drivers are classified under the unskilled labor part of the labor laws along with agricultural workers, it is hard to find laws to protect us like other classified skilled workers.

First thing you have to find out in your case is when did those other drivers start working for the company. If it was not at exactly the same time as you, it is possible that they hired on under different company policy than you did. Companies often change policies and do not do them across the board so you might of hired on when there was no stop pay and others hired on when there was. Case in point: when I hired on to drive for my company I started at .36 per mile, a driver who has been here for 8 years is only getting the same .36 per mile...they did a pay raise at some point for new drivers but did not do it across the board for the older drivers. I have been here for a year and got a .01 per mile raise, he is still at .36. Does not seem fair does it? It is and it isn't.

He is limited by what the policy was when he hired on as I am limited to the policy when I hired on.

In my opinion, you have a couple of options: You can see if one of those that have shown you their pay stubs will let you make copies of them that show stop pay, then take them into your human resources person or owner and talk to them about the situation. You can then see if there has been a policy change. Also find out when those other drivers hired on and find out if they were promised stop pay.

You can just keep working and not worry about it if you are happy or you can change jobs...good drivers can always find a job.

Unfortunately, there is little you can do legally unless you find that you are truly the only one that is being singled out to not receive stop pay and it is because of your race, gender or religious belief...which I personally doubt is the case.

Good Luck!

Answer 3

If you could get all those people to testify for you perhaps you would have something.

When you brought it to their attention have they since been paying you for these "extra stops" if they have been then maybe yo want to leave it at that.
If though you are in fact working more than is either required or in your day to day job you would have a case. Employers must pay their associates for all time worked, if you are scheduled to do 5 stops in a day and get paid per stop and you end up doing 7 you need to be paid for that. If you do as many stops as possible within a certain time frame then they would not need to pay you for extra.

Keep pursuing them to pay you for your extra work if they do start doing it you have a much stronger case since they would basically be admitting they SHOULD have been paying those stops from day one.
Document everything (who you talked to, when you talked to them, what their response is) write it down and keep it.

Answer 4

If you could prove that they are doing this because of your race or gender, that would be discrimination. Being treated differently that others isn't discrimination unless it's because of your membership in what's called a protected class.

They can pay you whatever they and you agree to. You have the right to quit if you aren't satisfied.

Answer 5

find a new job