Rest Break Pay For Truck Drivers

When the wheels stop rolling, truck drivers can still get paid. That's what California law says. It's especially important for drivers who are paid by the mile or by the load, but those who are paid by the hour can also benefit.

If your employer does not pay you when the wheels stop rolling, you may be entitled to compensation. A lawyer at Carlin & Buchsbaum, LLP, can review your situation and explain your legal rights.

Call us today at 562-606-0382 for a free consultation.

California Laws On Break Time Pay For Truck Drivers

Drivers who are paid by the mile can get separate pay in addition to their per mile pay for certain activities:

  • Mandatory rest periods
  • Meal breaks
  • Refueling
  • Pretrip and post-trip inspections
  • Loading and unloading
  • Completion of paperwork
  • Downtime between runs

The amount of separate pay must be at least the minimum wage. In 2019, the minimum wage in California is $11 per hour for employers with 25 or fewer employees and $12 per hour for employers with more than 25 employees.

What If You're Paid By The Hour?

Overtime laws apply to drivers who are paid by the hour. They are also entitled to pay for rest breaks and meal breaks. They are entitled to one hour of pay for each day that they do not get a meal or rest break. Note however, that California and federal laws regarding overtime pay are complicated. That's why it's important to seek legal advice from an experienced employment law attorney.

Back Pay Is Possible

Employers who have not paid their drivers for downtime may be liable for back pay. This could amount to thousands or even tens of thousands of dollars for an individual driver. Drivers at such an employer should consider banding together to file a wage and hour class action lawsuit.

Free Consultation — Contact Our Firm

To schedule a meeting with an attorney, contact Carlin & Buchsbaum, LLP, by calling 562-606-0382. Located in Long Beach, we represent people throughout Southern California.

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