Overtime for truckers: ‘Let’s be fair’

November 9, 2023

Mark Schremmer

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After 85 years of motor carriers being exempt from having to pay truck drivers overtime, there is a bipartisan effort to have the exemption removed.

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

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 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.

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

“Repealing the overtime exemption for truck drivers is not just an economic issue, but also a safety issue. Experienced drivers are essential to keeping our roads safe, but too many are leaving the industry because they are overworked and underpaid,” said Harry Adler, principal at the Institute for Safer Trucking. “The GOT Truckers Act would help to retain experienced truck drivers by providing them with the overtime pay they deserve. This would not only improve their quality of life but also make our roads safer for everyone.”

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. LL