What to do if I’m not being paid a fair wage?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if I’m not being paid a fair wage?
I’m working for a trucking company and I’m buying a truck from them. When they take out for taxes and gas plus the truck payment I’m left without a great profit. I made $2998.47 this week and my net pay was $471. I have a house payment 6 children and a wife. I work all week night and day and sometimes I don’t even get to come home at night. I don’t feel like I’m being paid enough on the loads when gas is so high and they are taking all these taxes out. I worked all week 1week and only received $70. Do I have a case? Am I being underpaid?
Asked on June 9, 2011 under Employment Labor Law, South Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Unfortunately, the law does not prevent anyone from being underpaid.
If you are an independent contractor, you get whatever you contracted for--no more, no less. If you are an employee, your gross pay--that is, before deductions, such as for taxes--must be at least minimum wage, which you are making much more than. (Note: if you are an employee, not a contractor, you probably should be earning overtime, or time-and-a-half, for hours worked past 40 in a week.) There are no minimums on net, or take home, pay, however: your net pay is simply whatever is left after required deductions (e..g FICA) or ones which your authorized (such as for health insurance, 401k or pensions, or, in your case, deductions to buy a truck). Thus, as long as the deductions are authorized by law and/or by you, the law doesn't care, unfortunately, if you end up with little or nothing at the end of the week. The law, other than the minimum wage and overtime laws, does not recognize "underpaid" or provide a remedy.
Whether you are being underpaid by industry standards is something you can figure out by seeing what other drivers typically make. That doesn't give you legal recourse, though--just an idea as to whether you should look for a different job.
It may be that in your case, you can't afford to buy the truck from them; you may need to re-evaluate your budget.
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I am so sorry for your situation. It really sounds like you are being taken advantage of. But the thing is, someone needs to read whatever the agreement is between you and the company as to the purchase, etc., and to review your paychecks in person in order to give you any guidance. This is best done by an attorney in your state of South Carolina because the attorney will hopefully be familiar with contract law and employment law and apply it to the agreement between you. If you are being taken advantage of and they are violating employment laws they you can file a complaint with the department of labor. If the contract is found to be unconscionable or unilateral or any other situations that will give rise to a law suit in contract law then the attorney will let you know. As for a flat fee consultation. Good luck to you.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.