Napa, CAJo, a limousine driver, is correct in filing a California labor law complaint against his former employer. In fact, the limo company has violated at least two labor laws.
Jo and his wife did their research. They discovered that the limo company owner violated the California labor code by demanding that Jo pay the deductible charges when the limo he was driving was damaged - and it wasn’t even his fault. (Even if it was his fault, charging the driver is questionable.) The Industrial Welfare Commission that regulates wages, hours and working conditions in the transportation industry clearly states that:
No employer shall make any deduction from the wage or require any reimbursement from an employee for any cash shortage, breakage, or loss of equipment, unless it can be shown that the shortage, breakage, or loss is caused by a dishonest or willful act, or by the gross negligence of the employee.
This is how the accident occurred. “My passengers didn’t shut the rear door properly when I dropped them off,” Jo explains. “Pulling away I heard road noise so I hit the brake. The back door swung open and hit a planter in the hotel driveway. It put a crack in the plastic door, so I called the owner and told him what happened. He said it just needed a little touch-up. I worked that weekend, and about a week later I got a text message from the owner, asking what are we going to do about the door damage?”
Jo knew that other drivers had been charged deductible costs. But he knew that the owner was indeed violating the California labor code so Jo was prepared.
“I offered to drive the limo to the repair shop on my own time,” says Jo. “As well, I recently got a ticket for parking in a bus zone and the owner agreed to pay half. I suggested that I would pay all the parking violation, and he pay all the damage: I thought this agreement was more than fair.”
At the end of September, Jo’s boss took him up on the offer but he hasn’t been called in to work since. Instead, the owner’s mother called and asked Jo what he intended to do about the damage. “I told her about the arrangement we made but she kept on raising the question,” says Jo. That is two strikes against Jo’s boss: retaliation is also a violation of the California labor code.
Limo drivers and California overtime
Jo’s second issue is overtime. He worked for about 18 months, on call. All the drivers are on call. In the busy season they typically work 50-60 hours a week and in the low season (January through March) about 15-20 hours.
“Last year I probably drove 100 trips and 75 percent of those were over eight hours,” says Jo. “Most business generates from San Francisco and most people tour the wine country, so we rarely get back within eight hours. Our rate of pay worked like this: he had three different types of vehicles that I drove. When no one was in the vehicle, the pay rate was $9 per hour. When I had passengers in a Lincoln sedan, it was $15 per hour; passengers in the Chevy Suburban was $17 per hour and the limo was $20 per hour.
“He explained that these different rates had to do with the tip included in the rate people were charged. About 50-60 percent would still tip; thankfully, some people are pretty generous, especially coming back from a wine tour.”
Jo and his wife found out that he is eligible for overtime when they researched the limo damage and deductible issue. Jo didn’t confront the owner about overtime because other drivers had brought it up in the past and didn’t get called back.
“I was afraid of retaliation, of losing my job,” says Jo.
“I was retired when I took this job and now I’m back in retirement,” Jo adds. “It was fun and I would like to continue but I don’t want to be used and abused again. About a dozen drivers are in the same boat as me - nobody here gets overtime. I asked drivers of other companies if they got paid overtime and some do, some don’t. It’s like the Wild West for us limo drivers regarding overtime and other labor laws.”
Back in 2011, employment lawyer Mark Thierman filed a class-action lawsuit on behalf of Las Vegas limousine drivers against Bell Trans, Nevada’s largest limousine company, alleging failure to pay minimum wage and overtime. Theirman pointed out that California limo drivers are also eligible for California overtime pay.
Brent, a limo driver in San Mateo, was in the same situation as Jo, and he retained an experienced California overtime attorney. “I’ve worked at this limo company for five years and have never been paid overtime,” Brent said. He also worked similar hours as Jo. “My attorney said that I should be paid from the moment I go to work until the moment I leave.”
Many limo drivers and drivers of lighter vehicles for delivery, transit, courier and related services have successfully resolved overtime wage cases. More often than not, these California drivers have been deprived of meal and rest breaks and they are also recovering compensation for these California labor law violations.