Overtime for truckers: ‘Let’s be fair’

Back in 2019, when Advocates for Highway and Auto Safety President Cathy Chase was testifying at a House subcommittee meeting, she relayed something that caught her attention during a ride-along with a truck driver.

While sitting in the truck waiting for the trailer to be loaded, she realized that she was being paid for that time, and the driver wasn’t.

“There was some irony there,” Chase said during the 2019 House hearing.

The reality is that most truck drivers are paid by the mile, which means they aren’t earning money unless the truck is moving. Even worse, a longstanding exemption means that motor carriers aren’t required to pay overtime to truck drivers who work more than 40 hours in a week.

The good news is that there’s a bipartisan effort aimed at changing that.

GOT Truckers Act

The Guaranteeing Overtime for Truckers Act, which is backed by the Owner-Operator Independent Drivers Association, was introduced in the House and Senate on Nov. 9.

Sen. Alex Padilla, D-Calif., introduced the Senate version of the bill, while Rep. Jeff Van Drew, R-N.J., introduced the GOT Truckers Act in the House. The bills are S3273 and HR6359, respectively.

Sen. Edward J. Markey, D-Mass., and Mark Takano, D-Calif., also helped introduce the bill.

“America’s truckers keep our nation’s economy moving, and without the hard work of these men and women, our supply chain would grind to a halt,” OOIDA President Todd Spencer said. “Unbelievably, trucking is one of the only professions in America that is denied guaranteed overtime pay. We are way past due as a nation in valuing the sacrifices that truckers make every single day. This starts with simply paying truckers for all of the time they work.”

The GOT Truckers Act would amend the Fair Labor Standards Act of 1938 to require that truckers receive overtime compensation when they work more than 40 hours in a week. The exemption was created to prevent truck drivers from being encouraged to work excessive hours. However, the opposite has happened. It is common for truck drivers to work 70 hours in a week while receiving a base pay similar to what someone would make in a 40-hour week.

The change would apply to company drivers, but forcing shippers and receivers to value a trucker’s time would create change throughout the industry.

The U.S. Department of Transportation also recognizes the importance of repealing this exemption, which it recommended in its recent Supply Chain Assessment of the Transportation Industrial Base as a way to improve supply chain performance.

Safety groups support

Highway safety advocates have endorsed the legislation, recognizing the connection between overtime pay and retaining safe, experienced drivers.

“The FLSA motor carrier exemption needlessly puts the lives of truck drivers and all roadway users at grave risk,” said Tami Friedrich, Truck Safety Coalition president. “The notion that it is acceptable for innocent people to die to avoid paying truck drivers for all their time is un-American. I am grateful to (Sen. Padilla) for taking action to eliminate this lethal loophole. The GOT Truckers Act will undoubtedly save lives and improve roadway safety for all.”

Padilla also said the lack of overtime is a safety issue.

“America’s truck drivers are on the frontlines of our economy, enduring long hours away from home, and all too often, unpaid wait time at congested ports and warehouses. That’s because for decades, truck drivers have been excluded from overtime pay protections,” the California senator said. “If truckers are forced to wait while on the job, they should be paid. This is not just a matter of fairness; it’s a matter of public safety. Experienced truckers are safer truckers, and better compensation will help more of them stay in the profession. It’s time we guarantee overtime for truckers.”

Van Drew has had his eye on this issue for quite some time. At a House subcommittee meeting in May, the New Jersey representative spoke about the need to treat truck drivers fairly.

“Truckers are an essential component of our nation’s supply chain, and compensating them appropriately is the least we can do to support them,” Van Drew said. “Let’s be fair. Let’s be decent to the hard-working men and women who do this job.”

The GOT Truckers Act also is supported by the Truck Safety Coalition and the International Brotherhood of Teamsters.

ATA pushes back

The American Trucking Associations, which represents large fleets, opposes the GOT Truckers Act.

“This proposal is nothing more than a thinly veiled attempt to boost trial attorneys’ fees,” ATA President Chris Spear said. “It would reduce drivers’ paychecks and decimate trucking jobs by upending the pay models that for 85 years have provided family-sustaining wages while growing the U.S. supply chain.”

ATA claimed that truck drivers make an average salary of nearly $70,000, while the U.S. Bureau of Labor Statistics lists the 2022 median pay for heavy and tractor-trailer truck drivers at $49,920.

OOIDA called ATA’s statement about the bill being an attempt to help trial lawyers “laughable.”

“What’s really happening is actors throughout the supply chain – shippers, receivers, carriers and others – don’t want to pay drivers for all of their working hours,” OOIDA wrote.

ATA’s Alex Rosen also lobbied for the Women of Trucking Advisory Board to soften one of its recommendations regarding overtime pay. Originally, the board included a recommendation “to remove the industry exemption from the FLSA.” After Rosen protested that the change would negatively affect female entrepreneurs and could lead to fleets decreasing pay, the board changed the language to, “Review and research the potential for an industry exemption from FLSA …”

OOIDA said that the motivation for ATA’s objections should be scrutinized. ATA represents large fleets, which would be the ones on the hook for the overtime pay. It also should be noted that ATA has long claimed that there is a driver shortage, but instead of embracing a change that could entice more workers to the industry, the organization is suggesting that large fleets would lower pay in response.

“It’s impossible with any piece of legislation to say with certainty what the exact outcome will be, but we know for sure that it will finally force everybody to value a driver’s time,” said Bryce Mongeon, OOIDA’s director of legislative affairs. “And while that directly affects employee drivers, it’s important because it will ultimately benefit all drivers, because a rising tide lifts all boats.” LL

Land Line’s Ryan Witkowski contributed to this report.