A Quick Law Question

[magnifiedplaid]

OK, I have a really quick question for somebody who knows anything about worker's rights.

I work a delivery job in which I have to use my own personal vehicle for deliveries. I have worked for this company for six years, and they are already in the middle of three class action law suits for not reimbursing drivers for mileage, not paying for overtime, not giving any breaks...etc.

Well, I went to work today and my boss told me that they were lowering the rate I would be paid for mileage per delivery. He also said that I had to sign a paper that said I would agree to a decrease in mileage pay. I told him that I did not want to sign the paper, because the mileage pay was barely enough to cover my gas to begin with. Then, he said that if I did not want to sign the paper they would simply fire me.

Do I have any worker's rights that should protect me from this sort of thing? Or, am I basically screwed into accepting a pay decrease or being fired? So, basically, are they allowed to force me into a contract that will decrease my pay?

[Calliander]

Does your insurance company know you use your car for work like that?

[CypherUppercut]

I say you get fired and start collecting unemployment while looking for a better job.

Just check your state laws to make sure you are still entited to unemployment for being fired for refusing a pay cut. You dont want to get caught in a loophole.

[Hubbitron]

What could it hurt to call the labor board? As far as I've seen, they are right on the ball trying to get you paid.

[Rhydant]

Does your insurance company know you use your car for work like that?

Calliander makes an excellent point.

I worked as a pizza delivery boy for some time and I got into an accident while working. The pizza place did not have primary insurance on me or my car. When I talked to the insurance guy, the fucker was from some sort of travelers insurance corp, and they could do absolutely nothing for me. I had neglected to tell Gieco that I would be using the ol' Integra for work purposes (I was 19, I had no idea), and therefore they couldnt help me out with getting reimburced. I lost my car and job in the same day.

I shouldve filled a lawsuit. Never trust asian women who own Italian restaraunts.

Moral of the story: make sure your ass is covered.

Also: Call the local labor borad.

[MarsKitten]

OK, I have a really quick question for somebody who knows anything about worker's rights.

I work a delivery job in which I have to use my own personal vehicle for deliveries. I have worked for this company for six years, and they are already in the middle of three class action law suits for not reimbursing drivers for mileage, not paying for overtime, not giving any breaks...etc.

Well, I went to work today and my boss told me that they were lowering the rate I would be paid for mileage per delivery. He also said that I had to sign a paper that said I would agree to a decrease in mileage pay. I told him that I did not want to sign the paper, because the mileage pay was barely enough to cover my gas to begin with. Then, he said that if I did not want to sign the paper they would simply fire me.

Do I have any worker's rights that should protect me from this sort of thing? Or, am I basically screwed into accepting a pay decrease or being fired? So, basically, are they allowed to force me into a contract that will decrease my pay?

This is not legal advice of any kind, consult your nearest legal clinic or ABA barred lawyer.

If you live in a "right to work" state, you're proper fucked, they can demand pretty much anything they want of their labor. The following are right to work states.
Alabama
Arizona - (established by state's Constitution, not by statute)
Arkansas - (established by state's Constitution, not by statute)
Florida - (established by state's Constitution, not by statute)
Georgia
Idaho
Iowa
Kansas
Louisiana
Mississippi
Nebraska
Nevada
North Carolina
North Dakota
Oklahoma - (established by state's Constitution, not by statute)
South Carolina
South Dakota
Tennessee
Texas
Utah
Virginia
Wyoming
-via wiki

If i were you, i would find out the law firm handling these class action law suits and make an appointment. Also get a copy of that agreement you refused to sign, that will become an important piece of paper later on should this goto court.

But since you live in Cali you might wanna ask the union people in your workplace whats up. Any reputable lawyer should at least give you an appointment for free to discuss the merits of your case.

Again, not a lawyer, this is not legal advice. Seek legal help.

[GohanX]

Yeah, it's basically up to your state labor laws.

If you were living here in NC, you'd be fucked since the laws are not in favor of the worker.

Either way, I'd probably leave that place anyway. It sounds like they treat their people like shit.

[Dolemite]

I say you get fired and start collecting unemployment while looking for a better job.

Either way, I'd probably leave that place anyway. It sounds like they treat their people like shit.

Two best pieces of advice in this thread so far.

[sleeve]

This is not legal advice of any kind, consult your nearest legal clinic or ABA barred lawyer.

...

Again, not a lawyer, this is not legal advice. Seek legal help.

Spoken like a true law student.

[Hubbitron]

If the labor board finds what you're saying is true, you will receive all your back overtime plus interest.