There are plenty of quality truck companies out there—companies that prioritize safety and take care of their drivers. But there is a small percentage of companies that are willing to exploit drivers and risk harming civilians to cut corners and make a higher profit.
In the latest episode of attorney David W. Craig’s podcast “After the Crash, Ask David”, he and Litigation Supervisor and paralegal Ashley Napier discussed the exploitation of truck drivers and the concept of “bad” trucking companies.
In his experience, David has found that majority of all truck drivers are professional, caring, good people who are just trying to make a living and get from one place to another safely. And while there are some drivers who choose to drive while tired, impaired or distracted, there are instances where good drivers are forced into bad habits by the companies that employ them.
In fact, some drivers have said driver quality is getting worse as a result of companies cutting corners, such as hiring drivers who are not properly trained or do not speak English. But more commonly, companies will take pay away from drivers to increase their own profits.
Common Forms of Driver Exploitation
When trucking companies exploit their drivers, it is typically a result of the company taking pay away from drivers to put that money into their own pockets. One example of a major trucking company that failed to fairly pay drivers is the Fargo Trucking company, which was ordered by the California labor court in 2015 to pay its drivers a total of $8.7 million for cheating them out of their wages. That amounts to $370,000 per driver.
This was the largest judgment ever imposed on an industry notorious for worker exploitation and going against state labor laws. However, instead of paying the drivers back, Fargo instead opted to disappear, stripping the company of its assets and taking its retail clients to a shell company.
Later known as Express FTC, the company continued to haul goods in the same trucks for the same clients from the same office building to prevent any judgment from the courts. The drivers had yet to be paid.
Several of the company’s drivers testified that they were forced to work beyond the federal safety limit for commercial trucks, occasionally withholding paychecks until they were back on the roads. Others said the company overcharged for truck insurance, sometimes as much as twice the going rate.
Fargo Trucking is not the only company that withholds drivers rightly earned wages. And trucking companies like Fargo that deprive employees of pay do so in a variety of ways.
- Unpaid sign-on bonuses.
Some companies incentivize drivers with large sign on bonuses. But many truck companies will not give these bonuses without a catch. They may say they plan to pay the driver’s bonus over a long period to try and retain the driver for as long as possible.
Or companies will later add on “requirements” that must be met to receive the bonus that were not initially discussed. One example is calling it a “safety bonus”, which would result in the driver forfeiting that money if they’re in a minor accident or given a violation.
- Underpaying drivers for earned mileage.
Another way companies may avoid properly compensating drivers for their time is by reducing the miles owed for a driver’s trip. If a driver were to make a 240-mile trip to deliver their freight, the company may change their records to say the trip was only 200 miles, resulting in the driver’s pay going into the company’s pockets.
- Unpaid fuel bonuses.
Oftentimes, company drivers are expected to meet a certain fuel economy rate on truck computer readouts. This can be to the detriment of drivers’ well-being, forcing them to shut off their air conditioning in extreme heat or sleep in the truck in extreme cold to meet the required fuel mileage.
- Waiting time with no compensation.
Truck companies typically charge their customers for excess waiting times that lead to truck delays. However, the company may expect the driver to wait several days for a pending load with no pay or meal/hotel allowance. These waiting times result in more money for the company, but they will choose not to pass any compensation to the driver who must deal with the extra expenses that come with waiting for a load. Yet, it is the driver’s wages that are reduced by these delays.
- False freight claims.
When a driver takes their truck to a loading dock, the dock workers may not allow the driver to be present on the dock to supervise the trailer as it is loaded with its freight and sealed. However, the driver will still be required to sign for a correct piece count for that load without having the opportunity to count or inspect the freight. The carrier can then use this against the driver if the freight is damaged or shorted. This can unfortunately result in a freight claim that could damage a company driver’s record and insurance rating.
Coercing Drivers to Comply with Violations
Within the trucking industry, coercion happens when a motor carrier, shipper, receiver, or transportation intermediary threatens to punish a driver for refusing to violate provisions of Federal Motor Carrier Safety Regulations (FMCSRs), Hazardous Materials Regulations, and the Federal Motor Carrier Commercial Regulations. Companies may punish these drivers by withholding work or taking employment action against them.
Even if a violation has not occurred, coercion can still take place.
The Federal Motor Carrier Safety Administration (FMCSA) states that the following must occur for coercion to have taken place:
- A motor carrier, shipper, receiver, or transportation intermediary asks a driver to perform a task that results in a violation of the previously mentioned regulations.
- The driver informs the motor carrier, shipper, receiver, or transportation intermediary of the violation, like unsafe driving conditions or driving beyond the hours-of-service limitations.
- The motor carrier, shipper, receiver, or transportation intermediary makes a threat toward the driver’s employment or future opportunities to make them cooperate with the violation.
Drivers may feel obligated to comply with regulatory violations due to fear of punishment, but if caught committing these violations, they could lose their employment regardless.
A trucking company that takes advantage of its drivers and coerces them into violating safety standards endangers all of us. Everyone who travels on the roadways can have their lives turned upside down in a second.
“My experience is that the few bad trucking companies are getting worse and more dangerous than ever before,” David said.
Advice for Avoiding Exploitation
While it may be daunting to go against a company’s wishes to violate regulations or cut corners, it could hurt your future employment as a truck driver. However, some truck companies profit just as much from scamming their drivers as they do from the actual money that comes from moving freight.
If your employer attempts to coerce you into violating regulations, it is important to report the incident to the FMCSA within 90 days of the attempted coercion action.
If you are experiencing loss of wages, it is vital to check every pay statement carefully to ensure accuracy, as well as tracking your hours and work individually. Be sure to check your mileage for accuracy and track odometer readings. This evidence could help you contest errors made by your employer.
Ask David: Episode 63 of After the Crash with Ashley Napier
David W. Craig is the managing partner and a founding member of Craig, Kelley & Faultless, a personal injury and wrongful death law firm. He is board-certified in truck accident law by the National Board of Trial Advocacy, accredited by the American Bar Association.
Ashley Napier is a Litigation Supervisor and paralegal at Craig, Kelley & Faultless. She is a vital member of the team, working to keep file managers, legal assistants, law clerks and attorneys on track.
She and David discussed negligent trucking companies and trucker exploitation, as well as other topics regarding trucking accident law and the trucking industry, on a recent episode of After the Crash, David’s free podcast. Ranked fourth-best personal injury podcast by FeedSpot, After the Crash educates and empowers listeners.
Ashley asked David questions about what makes truck wreck cases different from other personal injury cases, what advice he would give to attorneys wanting to grow a practice handling commercial motor vehicle cases, and more about the trucking industry during episode 63.
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The attorneys at Craig, Kelley & Faultless are nationally recognized and have helped clients across the country recover from life-altering wrecks, whether it was with another commercial motor vehicle or with a passenger vehicle. They are prepared to fight insurance companies and motor carriers on your behalf.
For a free case consultation, contact the team at Craig, Kelley & Faultless today by calling (800) 746-0226 or submitting an online form.
David W. Craig is a nationally recognized truck accident lawyer who sits on the Board of Regents of the Academy of Truck Accident Attorneys. He is board certified by the National Board of Trial Advocacy, accredited by the American Bar Association in Truck Accident Law. He is the managing partner and one of the founding partners of Craig, Kelley & Faultless LLC. He is recognized as a Top 10 Trucking Trial Lawyer and Top 100 Trial Lawyer in Indiana by the National Trial Lawyers, as well as a Top 50 Indiana lawyer by Super Lawyers. He was the recipient of the National Thurgood Marshall “Fighting for Justice” Award for his work helping victims of truck wrecks. David is the author of Semitruck Wreck: A Guide for Victims and Their Families and It’s Never Been Easier to Hire the Wrong Attorney, written to help people navigate a terrible situation by answering questions that come after a tragic wreck. He also hosts the podcast After the Crash, where you can gain valuable information about the dangers involving semis and large trucks that do not follow Indiana law safety protocol regarding speed, weather conditions, maintenance upkeep, etc.
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