A San Francisco court recently ruled that the retailer must pay about $100
million in overtime to a group of 720 current and former truckers.
The plaintiffs alleged that they performed a number of non-driving services,
such as fueling their rigs, filling out paperwork and loading or unloading
cargo, but Walmart only paid them for the time they spent behind the wheel.
U.S. District Judge Susan Illston wrote that “the drivers must be paid for all the time that they were subject to Walmart’s control.”
The case began in 2008, and has been winding its way through the system
ever since. Fresno attorney Butch Wagner hailed the decision as “a
big victory for our clients.”
Walmart’s lawyers said they would “continue to defend the company
against the claim.” They argue that Mr. Wagner interpreted the Labor
Code incorrectly and that the retailer owes no back wages.
This provision of the Labor Code may be open to interpretation, but many
of the other rules that cover truckers are very clear.
Some provisions of the Vehicle Code are different. Points accrue at a
50 percent faster rate for truckers. A two-point violation is a three-point violation, and so
on. Moreover, Class A drivers are not eligible for traffic school on violations
occurring in their trucks.
There are also some federally-mandated safety scores that keep a running
tab on traffic violations, safety violations, at-fault accidents, and
a few other related items. These scores are often inaccurate, because
the government relies on law enforcement for information and not the courts.
What is apparent for truckers is that the provisions of the Vehicle Code
are much more strictly enforced against them than regular drivers, particularly
on places like I-5 in Fresno County. Where regular Class C drivers are
oftentimes given a break for speed up to 15 mph, truck drivers are often
ticketed for less than 10 over. You need someone who will fight to keep
your safety record clean so that you can keep driving for companies that
keep a close watch on records like Walmart and UPS.
Getting Legal Help
The aggressive lawyers at Bigger and Harman, APC, are committed to giving
individuals a voice when dealing with speeding and traffic tickets. Call
today at 661-859-1177 or email
firstname.lastname@example.org to receive the personal professional attention you deserve. En español,
llame al 661-376-0214.