Many different types of couriers and delivery drivers are often the victims of wage theft. Wage violations arise in several different ways for these types of workers. Unfortunately, many of these delivery drivers and couriers may not even know that their employer is stealing from them. If you are a food delivery driver, pharmaceutical delivery driver, office courier, package delivery driver, grocery delivery driver, or exercise delivery equipment driver, there is a strong likelihood that you may be the victim of wage theft.
Ways Companies Violate Overtime Wages for Delivery Drivers
Job Misclassification
One way companies violate the law is by misclassifying delivery drivers as “independent contractors” instead of employees. When this happens, the company does not make any attempt to pay delivery drivers or couriers overtime wages when they work over 40 hours in a workweek. This is illegal, and delivery drivers are entitled to be lawfully paid for all hours worked.
Denying Cost Reimbursement
Another way in which companies violate wage laws is by not reimbursing delivery drivers for costs incurred for using their own vehicles. Even when a company pays a delivery driver overtime wages, they are still committing overtime violations if the company does not fully reimburse the delivery driver for mileage incurred on the vehicle and gas expenses.
Deducting Meals
Additionally, companies steal from delivery drivers when they automatically deduct a meal period each day when the delivery driver is not permitted to take a break. To deduct a meal period from an employee’s time records, the company must allow the employee to be 100% free to do whatever he or she wishes to do. Many employers automatically deduct time from the delivery driver but require the driver to continuously work throughout the day to meet strict deadlines. This happens all too often in various industries.
Paying Incorrect Overtime Rates
One final way companies violate the rights of delivery drivers is by not paying the correct overtime rate. This often happens in weeks where the company might pay a commission bonus to a delivery driver who works more than 40 hours in a week. Under the law, the company is required to recalculate the hourly rate and include the commission payment before the company determines the proper overtime rate to pay to the delivery driver. The vast majority of companies in the United States do not follow this law and take a shortcut, which deprives delivery drivers of lawful wages.
If you or someone you know has had their rights violated as a delivery driver or courier, contact USA Employment Lawyers for experienced legal support.
