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Employment Law/payroll rights


Im a truck driver and if my company sends me to a destination and im almost there and the cancle the load and i have to turn around and come back am i suppose to get payed for the miles i drive to go there and come back even though the load was cancled


The answer to your question is likely going to be determined by the agreement you have with your employer.  If the agreement simply states that you are to be paid a fixed amount per mile, then you have an argument that you are owed for any/all miles driven, regardless of whether the load is cancelled.  If the agreement states that no payment is due on loads that are cancelled, then maybe not.

Truck driver pay can be a bit quirky due to the many variations in pay schemes and questions that arise regarding whether truck drivers are employees or independent contractors.  This distinction becomes important when dealing with issues such as workers' compensation, taxes, benefits, minimum wage and overtime pay. The key issue is how much control the employer has over the worker.  In cases involving truck drivers, key factors include: whether the driver drove a company owned truck; who paid for fuel, tolls and log books; who pays for repairs; and how closely the driver is monitored/controlled by the company.

For further information and possible assistance with a wage claim, you may want to contact the Illinois Department of Labor [(312) 793-2800 /].

I hope that this information is useful and helps to point you in the right direction.  

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Michael Lore


I will take questions regarding employment law, with a focus on wage and hour issues involving overtime pay under the Fair Labor Standards Act (FLSA) and applicable state laws (eg. California).


I am an attorney with 15+ years experience in the area of labor and employment law, with a practice that concentrates heavily in the area of wage and hour litigation - involving unpaid overtime wages, commissions, work related expenses and vacation pay.

American Bar Association, American Association for Justice, National Employment Lawyers Association

BBA in Finance, J.D.

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