Q: What is the statute of limitations for not being paid o.t. and detention pay as a CDL A Company Driver from 5/2017_4/18
I was terminated victim of violent extremism STTA , CRE safety Mgr and driver Mgr put 6 derogatory safety false incidents in my personnel records and on my DAC report and no other carrier will hire me. I am being blacklisted for being a whistleblower. I attended PTDS Fontana,Ca. Got my CDL A signed a 9 month contract, was paid Ca. Minimum wage $11.00 hr 34 com not Ca. Truck Driver minimum wage. Completed 165 hrs of apprentice 2nd seat training @ $10.00 an hr. 14 com. Worked as 1st seat 3 months @$11.00 hr $.14 cpm, drove solo over the road 8 months @$11.00 hr. $.34 CPM. Coerced by Driver Mgr. To work in violation of DOT reg 392.3 HOS reg, did rolling reset under forced dispatch, CRE logs dept remotely added 10 hrs drive time to my Qualcomm computerized clock as daily recap hours at 12:00 AM and I drove fatigued without having a 34 hr reset after working 70 hrs in 8 days. Had multiple safety incidents which CRE put on my DAC report when they terminated me. Please
A:
You need to contact a good employment lawyer right away, like immediately. The statute of limitations may only be 2 years for your claims unless you were driving under a written contract (which would make it 4 years from the date of breach of contract).
You can also help yourself right now by going to the Labor Commissioner's website and filing a claim for all your unpaid time and for everything else you mentioned.
Here is what the Labor Commissioner's website states: (cut and paste the link https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm)
"Make sure you file timely
Within one year for penalties regarding a bounced check or failing to provide access to, or a copy of, payroll or personnel records.
Within two years for an oral promise to pay more than minimum wage.
Within three years for violations of minimum wage, overtime, unpaid rest and meal breaks, sick leave, illegal deductions from pay or unpaid reimbursements
Within four years for a written contract."
Good luck to you.
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