Legal Question in Business Law in Missouri

possible actions against a company that maliciously misleads their contracters

My girfriend (AA) recently started working as a contracted delivery driver, for a descent sized courier service. AA is paid a % of the charge for for each delivery she makes. The company has their payroll setup so a contactor will work for 3 weeks before receiving their 1st check. However, after the 1st week of work, they rec'v a report summarizing their deliveries and what they will be paid. In reading the printout, you're led to believe you will receive X amount of dollars, when in reality you only end up with 58%-60% of that amount. To make matters worse, they include a sheet explaining the columns on the summary report. This sheet again, specifically implies that the higher amount WILL be made. The wharehouse manager told AA that it's wrong that the company uses people, and they basically hire a whole new set of drivers every 3 weeks. Everyone quits when they finally get their 1st check... Use AA's 1st week of work 4 an example of what their doing. Instead of AA receiving the amount she had thought, based on what they provided her with, after deducting the cost of gas, the (wkly)leasing fees for uniforms and nextel, she made $80 for 34.5 hours, 36 deliveries,and 853 miles driven. How can they get away with this?


Asked on 8/21/06, 7:23 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: possible actions against a company that maliciously misleads their contracters

This sounds like a violation of the Missouri and Federal fair labor standards laws. You should consult an attorney who can review the matter and give you appropriate legal advice. It may be there is a way to challenge the company in court.

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Answered on 8/22/06, 10:47 am


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