Legal Question in Employment Law in Pennsylvania

Less than minimun

My son works as a taxi driver in the Poconos. He told me that he is considered a private contractor and gets 30% commission plus tips. There is no paycheck. He works 12 hour shifts, 6 days a week. Almost every morning, he returns home with between $40.-$100. cash. He only gets the higher ammounts on weekends. Although he is assigned a different cab each night, the engine broke in one he was driving after his shift last week. The company owner left a threatening message on our answering machine that if he didn't pay $2,500, he is going to sue. He wants my son to continue working, but without getting any commission. Don't cab companies hire maintenance people to make sure that the cars don't break? What type of salary do drivers usually recieve?


Asked on 6/09/08, 6:57 am

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Less than minimun

You asked about substandard wages.

This doesn't sound exactly kosher. More often than not taxi drivers rent a car for a set amount per shift/week/month. The owner is responsible for maintenance and insurance while the driver is responsible for fuel (and keeping oil topped, which should be checked at beginning of each shift). On rare occassions a driver may undertake responsibility for cab maintenance but only if that driver is responsible for the car 24/7 usually under a weekly/monthly lease. A shift lease would definitely not allow the owner to assert damages (even in an accident).

I would hazard that the employer is not properly accounting for his employees as independent contractors. Further, that the wages the drivers earn are insufficient to satisfy wage laws.

My recommendation would be to leave this employer in the dust and ignore the threats. If the employer does sue then and only then respond. Hire an attorney and counter sue for back wages under labor law.

I drove cabs during college. Taxi companies are often some of the less reputable business persons. Deal with them accordingly. Do not accede to demands to pays for repairs.

Regards,

Roger

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Answered on 6/09/08, 2:25 pm


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