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wages for on call tow truck driver

On Lawyer & Legal » Employment & Labor Law

4,227 words with 5 Comments; publish: Fri, 02 Sep 2005 14:01:00 GMT; (80062.50, « »)

The state is: ca

I am a tow truck operator in CA. I work M-F, 8-5, for which I am paid an hourly wage. I also work 3 nights out of the week on call overnight from my house, for which I recieve a comission for the calls I run each night. My question is, should I be entitled to an hourly wage for my on-call time? The reason that I am asking this is because my boss is being sued by a former dispatcher for non-payment of overtime wages so he attached some sort of waiver to my paycheck which I am supposed to sign stating that I have reviewed all records and I have been correctly paid from the date I was hired till now, and that I know and understand all labor codes relating to my field. I am not going to sign my name to such a ridiculous document in the first place, however it has sparked a few questions about my employers activities in regards to my wages.

One more thing, (sorry if I am a little long winded). My wife is also employed with the same company as a dispatcher and she also recieved the same waiver, which she also doesnt intend to sign. She works from home as a nighttime dispatcher, she has worked for the past several years averaging 55 or so hours a week, which she has been paid regular time for, (as opposed to overtime),I am pretty sure that she should be getting overtime for the hours worked over 40, we are not intending to go after them for any back wages, however I think from this point on she should be paid correctly of course. But unbeknownst to us we learned that she has gone from an hourly employee to a salaried employee this past week! Can they do that? And even though she is on salary, does she still get overtime after 40 hours? Response would be appreciated, and once again I apologize for being a little long winded.

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    • Yep, I do think.

      These boards can only provide general information, not specific advice.

      BTW, I AM familiar, at least generally, with CA labor laws. But there just isn't enough information in your post for a definite statement on where you stand; there is a lot more information that would be required for that.

      #1; Fri, 02 Sep 2005 19:06:00 GMT
    • You only need to be paid for being on-call if you are unduly limited in your activites by being on call. Just the fact that you are on call does not require your employer to pay you for time that you are not called in. If, for extreme examples, you have to sit by the phone in the house and respond within five minutes of a call, you would probably have to be paid for the time; if you carry a cell phone or pager so that you can go about your regular activities and have an hour to respond, you very likely do not. Only someone from your state DOL can tell you for certain whether in your specific situation you need to be paid for the on-call time or not.

      As far as your wife's situation goes, it depends entirely upon whether her job duties qualify her to be considered exempt or not. If they do, then they do not have to even pay her straight time of the extra hours, let alone overtime as she is only entitled to her regular salary; if she does not qualify to be exempt then she must be paid OT for every hour over 40 in a week regardless of whether she is paid on a salaried basis or an hourly basis. She CAN legally be paid on a salaried basis either way; it's just that if she's non-exempt she ALSO has to be paid overtime and if she's not, she doesn't.

      #2; Fri, 02 Sep 2005 14:34:00 GMT
    • How would i find out if my wife's job, (dispatcher), would be exempt? Oh and by the way, thank you for all your help cbg!
      #3; Tue, 06 Sep 2005 12:29:00 GMT
    • Thank you for your prompt response cbg. I was hoping someone familiar with the CA labor laws pertaining to this type of thing could tell me exactly where we stand indefinitely. LOL But I guess thats kinda what one would usually pay a lawyer for! I think that im kinda answering my own questions, doncha think?
      #4; Fri, 02 Sep 2005 17:46:00 GMT
    • You're not going to find any list of job titles headed exempt or non-exempt, if that's what you're looking for. It's not her job title, but her specific job duties, that determines whether she is exempt or non-exempt. But the information you want will be found on the US DOL web site; look under Fair Labor Standards Act and from there under Overtime Exemptions, or under the Alphabetical Index under Overtime.
      #5; Tue, 06 Sep 2005 12:43:00 GMT