Legal Question in Employment Law in Texas

Is it legal for a tow truck wrecker company, in Texas, to only pay commision to their drivers, for contract labor, and require them to stay on the company's premises during scheduled work hours? I am required to work 12 hour days for 6 days every week. I am only paid commission (25%) for the tow's that I am dispatched and complete, regardless of the amount. However, I have to remain on company property, when I am not out on a call, during my scheduled shift, I am not supposed leave. I do not even have a scheduled lunch break that I can leave for. If we do not receive any calls, on any given 12 hour shift that I work, I do not get paid anything, at all. I have been working a minimum of 72 hours every week and my checks have been around $375.00 for the week. I was making twice that, until they hired an additional (inexperienced) driver, who is a friend of their's, that goes to their church. That is far less than minimum wage earnings. I drive a company owned vehicle, during work hours, and ss/fed taxes are withheld from my paychecks. I am not sure if I am an IC or employee to them.


Asked on 12/30/12, 8:25 pm

1 Answer from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

Probably a case..but call TWC...the Texas workforce commission which handles unemployment benefits..and file a complaint which may lead to recovery of back pay. Few lawyers handle such cases on a contingency as recovery is too difficult.

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Answered on 12/31/12, 8:15 am


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