Baldwin Park, CA asked in Employment Discrimination and Employment Law for California

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. xxx ,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

1 Lawyer Answer
Kyle Anderson
Kyle Anderson
Answered
  • Employment Law Lawyer
  • Columbus, OH

A: Hi, the statute of limitations for unpaid overtime, under the the federal Fair Labor Standards Act, is two years, or three years for a "willful" violation. It sounds like you have some other issues. I would recommended reaching out to an employment lawyer in your state for a consultation.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.