The Satisfaction of Knowing the Law
I ruined an entire tow company with one phone call. Several years back, I went to work for a towing company. It’s about all I know how to do other than paint cars, which is drastically affecting my health.
The pay was pretty decent, but we had to share trucks and the boss felt that he knew where we needed to sit in order to get the best calls. This is important for later.
Several months in, I realized that I was not making the type of money that I should be making. So I took the opportunity while I was sitting in a parking lot one evening to start researching the laws pertaining to employees in similar positions.
He was kind of a jerk and the trucks had transponders so that he could see if we had them idling with the air conditioner on and a hot day, or idling with the heat on on a cold day. He was always calling complaining about something if the wheels were not turning.
During my research, I discovered that if he was requiring us to sit in a certain parking lot, street, or any location of his choosing, then we were entitled to be paid an hourly wage, not just our commission. The technical term was “engaged to wait.”
However, if he allowed us to freely roam about while we waited for calls, we were not entitled to hourly wages and we were therefore be considered “waiting to be engaged.” I never mentioned this to him, but I did start taking note of my time.
Another month or so goes by and he decided to start coming down on me for tiny little things, things that ordinarily wouldn’t even matter, such as I forgot a pop can in the cup holder. He actually had a screaming fit about that.
At this point, I was tired of working there and had already found another job, so I decided it was time to put my plan into motion. I called him up, told him that we needed to have a conversation about my final wages and that we could meet at his convenience.
Upon entering the office, I laid out my argument, explained the state law, and told him I expected to be paid for the hours that I was on the clock but not freely allowed to roam looking for work or able to do things of my choosing.
He told me in no uncertain terms that I would not be paid for that time, as that was agreed to upon my employment. I did not bother to argue, as I already had my next step planned, so I took my final check and I left.
The following Monday, I made a phone call to the state labor board, where I laid out my case to them. Needless to say, they were very interested in what was going on. In the end, they came to review his employment records and speak to the drivers still working.
When he got the bill of what he had to pay us al , it was too much for him to afford, so he sold the trucks, his boat, and lot, and went out of business. I never got the money owed to me in full, only a fraction.
But the satisfaction of knowing the law just a little bit better than he did and watching it all burn was pure bliss….