Delivery drivers in Ohio are vulnerable to various examples of wage theft and pay violations that can significantly impact their earnings. If an employer fails to meet the pay requirements imposed by state and federal laws, delivery drivers can suffer the consequences. If you are a delivery driver experiencing a wage violation, seek legal counsel from an Ohio wage and hour lawyer about your rights.
Every employee in the state of Ohio must receive an hourly wage that meets or exceeds the state’s established minimum wage. As of January 1, 2024, Ohio’s minimum wage is $10.45 per hour for untipped employees and $5.25 per hour for tipped employees.
A common type of minimum wage violation suffered by delivery drivers is a company requiring them to use their personal vehicles for deliveries but failing to reimburse them for gas or wear and tear on the vehicle. Since delivery drivers are tipped workers who receive the lower minimum wage rate, paying for job-related expenses can reduce their hourly pay to below the legal amount.
Federal law imposes a standard business mileage rate at which employees who drive for work must be reimbursed for miles driven. As of January 1, 2024, this mileage rate is $0.67 per mile. If a company pays its delivery drivers a flat fee for all deliveries, regardless of the distance or mileage of the drive, this could equate to a wage theft violation if it does not meet the required federal mileage rate.
Delivery drivers are not automatically classified as independent contractors. To qualify for this title, the relationship between the worker and the business must meet certain federal requirements related to behavioral and financial control. If a business negligently or knowingly misclassifies a delivery driver as an independent contractor to save money on employee benefits and pay, this is a wage violation.
The Fair Labor Standards Act exempts certain types of delivery drivers from standard overtime regulations. If an individual drives for a motor carrier (such as a truck driver), typical overtime laws generally will not apply. However, delivery drivers who use local routes and do not travel across state lines do not fall under this exemption category and therefore qualify for overtime pay, which is 1.5 times the worker’s normal rate for any hour worked over 40 hours per week.
Delivery drivers are unique types of workers. They may work for themselves as independent contractors, for example, and face uncommon aspects of employment, such as using their own vehicles for jobs. Unfortunately, this can lead to businesses and employers taking advantage of delivery drivers and violating various wage and overtime laws.
If you are a victim of any type of wage theft or pay violation as a delivery driver in Ohio, contact an attorney at Scott & Winters Law Firm, LLC for a free legal consultation. We will review your situation and let you know if we believe you have grounds for a claim against your employer. If so, we can help you build a case and seek fair compensation for your unpaid wages.
