OOIDA encourages members to support Guaranteeing Overtime for Truckers Act

It is common for truck drivers to work 60 or 70 hours in a week. However, a law that was passed more than 80 years ago allows motor carriers to avoid paying overtime.

The Guaranteeing Overtime for Truckers Act, which has versions introduced in the House and Senate, would amend the Fair Labor Standards Act to end the overtime exemption for motor carriers.

Rep. Andy Levin, D-Mich., introduced HR7517 in April. Earlier this week, Sen. Alex Padilla, D-Calif., introduced S4823. The goal is to force the industry to value a truck driver’s time. Without an overtime requirement and with most drivers paid by the mile, it is common for truckers to sit for hours at loading or unloading facilities.

The Owner-Operator Independent Drivers Association supports the bill and encourages its members to contact their lawmakers and ask them to become a co-sponsor.

“The FLSA currently exempts truckers from its general requirement that employees are paid time-and-a-half after 40 hours in a workweek,” OOIDA wrote to its members. “Truckers want to be fairly compensated for all of their work, and S4823 would finally fix the FLSA to make this a reality.”

Following the Senate bill’s introduction, OOIDA received some feedback from members who were concerned about how the legislation would affect their business while freight rates are low.

On Sept. 14, OOIDA posted a video with Executive Vice President Lewie Pugh to address the concerns.

Pugh said truck drivers are essential workers and that their time should be valued just as much as other workers in the supply chain.

“Why shouldn’t a trucker get overtime? Why shouldn’t a guy who is driving a truck for a carrier get paid overtime? Everyone else in the supply chain does,” Pugh said. “The people on the dock, the people in the office, the dispatchers – all of these people get paid for their time over 40 at time-and-a-half. Why should a trucker be exempt? They shouldn’t be.

“For far too long in our industry, we have seen drivers be coerced into giving away time at docks, garages, wherever. That shouldn’t happen. Truckers are one of the most essential workforces out there.”

ATA claims that the trucking industry is short 80,000 drivers. However, OOIDA says there isn’t a driver shortage. Instead, the Association argues that it’s a driver turnover problem caused by low pay and poor working conditions. One of the contributors to turnover rates of 90% or more, OOIDA says, is that truck drivers are not paid for all of their time.

“Big carriers kind of set the barometer of the rates, and they are getting away with cheap labor which causes the massive turnover we are seeing in our industry,” Pugh said. “People come in this industry and learn that they are working 70 or 80s hours a week and not getting paid for their time, so they leave. Let’s put a halt to that and support this bill.” LL