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How to file complaint to Labor Board

Discussion in 'Ask An Owner Operator' started by caliman, Feb 20, 2013.

  1. Feb 20, 2013 #1
    caliman

    caliman Bobtail Member

    8
    1
    Nov 18, 2012
    0
    I live in California.I had my truck (paid for) and leased to a company in Texas last Oct.The company owes me money.I quit last Jan around second week due to slow pay.It would take a month to get paid for two weeks of work.They said i will be paid weekly,then every two weeks to every month.If you have any experience dealing with this kind of companies and filing complaint would love to get some info.Thanks and lets keep grinding.
     
    caliman, Feb 20, 2013
    caliman, Feb 20, 2013
    #1
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  3. Feb 20, 2013 #2
    123456

    123456 Road Train Member

    10,555
    5,745
    Oct 22, 2010
    32179
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    Small claims court or contact ooida for assistance.
     
    123456, Feb 20, 2013
    123456, Feb 20, 2013
    #2
  4. Feb 20, 2013 #3
    OFTOTR

    OFTOTR Medium Load Member

    653
    678
    Jul 19, 2011
    Toccoa GA
    0
    Why would you file a complaint with the Labor Board? You are not an employee.
     
    OFTOTR, Feb 20, 2013
    OFTOTR, Feb 20, 2013
    #3
    Pedigreed Bulldog and chalupa Thank this.
  5. Feb 20, 2013 #4
    Autocar

    Autocar Road Train Member

    3,167
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    Apr 28, 2012
    The Hot Rod Shop Oxford, AL
    0
    As an O/O leased to a company, you are out of the realm of any state labor board. When the ICC was still in business, you could just file a complaint and they would take care of it. But, since they are no longer around, you get to go the civil courts.
    BTW, this will not be covered under any state laws, as you live in one state and the carrier is in another. It comes under Federal as it is interstate. You may want to reference
    http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=376.11
    and
    http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=376.12
     
    Autocar, Feb 20, 2013
    Autocar, Feb 20, 2013
    #4
    chalupa Thanks this.
  7. Feb 20, 2013 #5
    Autocar

    Autocar Road Train Member

    3,167
    2,358
    Apr 28, 2012
    The Hot Rod Shop Oxford, AL
    0
    BTW, if you would have read the regs, you would see that a carrier can legally wait 15 days to pay an O/O, but cannot go over that 15 days.
    Next time you would be wise to learn these regs, before leasing to another company and make sure that carrier complies with them.
     
    Autocar, Feb 20, 2013
    Autocar, Feb 20, 2013
    #5
  8. Feb 20, 2013 #6
    Allow Me.

    Allow Me. Trucker Forum STAFF Staff Member

    10,642
    12,099
    May 28, 2009
    Rancho Mirage, Ca.
    0
    Let's face it.....some carriers are flakes. They operate on a shoestring and rob Peter to pay Paul. A previous carrier I worked for got me for $6800. Really slick the way they did it. Cutoff day, Friday, but, never back in the yard before Saturday, so, payday pushed back a week. Every load was usually emptied out by Thursday, so mailing in wasn't an option to make Friday cutoff. And all I ever heard was "can I pay you next week" and I guess I was a little too gullible.
     
    Allow Me., Feb 20, 2013
    Allow Me., Feb 20, 2013
    #6
    Western flyer Thanks this.
  9. Feb 20, 2013 #7
    caliman

    caliman Bobtail Member

    8
    1
    Nov 18, 2012
    0
    Were you able to get ur money?... Allow me
     
    caliman, Feb 20, 2013
    caliman, Feb 20, 2013
    #7
  10. Jul 24, 2017 #9
    Albtlr

    Albtlr Bobtail Member

    1
    0
    Jul 24, 2017
    0
    Which regulation says no more than 15 days and where can I find it? Thank you in advance.
     
    Albtlr, Jul 24, 2017
    Albtlr, Jul 24, 2017
    #9
  11. Jul 25, 2017 #9
    gentran

    gentran Light Load Member

    139
    197
    Mar 29, 2011
    0
    Ooida has a website you can search for leasing regs, or go to fmcsa website.
     
    gentran, Jul 25, 2017
    gentran, Jul 25, 2017
    #9
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