Legal Question in Employment Law in California

i am a truck driver for a USPS Contract Mail Hauler which transports mail from coast to coast, i am paid prevailing wages for the area i work in but the wage rate has gone up on 2/22/2010 i ask my employer and am told that this dosent afect me. also no overtime after 40 hours, also no pay for waiting while on duty. im sure when they bid the contract they put all these items in the bid but dont pass them on to increase their profit. with 400 drivers there talking a lot that they should be paying us. i believe we are regulated by the McNamera- O'hare contract service act

i went to the dol web site but it was confusing so i came here any help you give will be appriciated. hopefuly i get some positive answers so i can convince my fellow drivers to take legal action


Asked on 6/07/10, 11:35 pm

1 Answer from Attorneys

Herb Fox Law Office of Herb Fox

You, along with your fellow employees, may well have the right to sue under the prevailing wage laws and the FLSA. Whether your employer is correct about the increase in the prevailing wage not affecting you needs to be researched, but it is a suspicious claim in light of the other violations that you report.

I am an appellate law specialist with significant experience in prevailing wage and other wage-and-hour class actions. With a team of other experienced litigators, we recently settled a $12 million class action lawsuit against a major California non-profit. I have also worked on several prevailing wage and labor law violation appeals that have resulted in published opinions. My offices are in Century City and Santa Barbara, but I handle cases throughout the State.

Please check my website for more information about myself and my practice: www.SacramentoAppeals.com

I would like to speak to you to learn more about your potential claims. Please call my office at 800-988-4807 if you would like to speak.

Nothing contained in this communication is intended to be, or shall be deemed as, legal advice, counsel, or services to on or behalf of any person or any entity. Usage of the LawGuru website is not intended to and shall not create any obligation or relationship between the user and the Law Office of Herb Fox, including but not limited to, an attorney-client relationship. The Law Office of Herb Fox does not and cannot warrant that any communication between the user of this Web site and the Law Office of Herb Fox shall remain confidential. Finally, your situation may be governed by deadlines that may or may not have already lapsed, and you may lose your rights if you do or did not act within those deadlines.

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Answered on 6/08/10, 10:13 am


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