Truckers deserve overtime, OOIDA says

The U.S. Department of Labor proposed earlier this year to restore and extend overtime protections to more than 3.6 million salaried workers.

DOL’s proposal does not apply to truck drivers. However, the Owner-Operator Independent Drivers Association used the comment period as an opportunity to promote removing a longstanding overtime exemption for motor carriers.

OOIDA, which advocates for the rights of truck drivers, wants the Fair Labor Standards Act of 1938 amended to require that truckers receive overtime compensation when they work more than 40 hours in a week.

“The FLSA motor carrier exemption was originally enacted in 1938 to prevent truckers from working excessive hours but now prevents them from receiving adequate compensation in the modern trucking industry,” OOIDA wrote in its comments filed on Tuesday, Nov. 7. “Ironically, this exemption is now part of the reason why drivers regularly work more than 40 hours a week.”

A typical truck driver can work as much as 70 hours a week but is paid by the mile.

That means all those hours spent fueling up, checking equipment or waiting to be loaded or unloaded do not show up on the paycheck.

OOIDA said that it is essential for a truck driver’s time to be valued. In the current system, shipper and receiver facilities often have no incentive to get a trucker back on the road.

“While denying guaranteed overtime pay is first and foremost unfair to truckers, the motor carrier exemption also contributes to supply chain inefficiency,” OOIDA wrote. “For far too long, the trucking industry has generally only offered compensation for detention time if waiting times exceed two hours. But even this pay is not provided to all drivers. As a result, entities throughout the supply chain, including shippers, receivers and others, lack a financial incentive to load and unload trucks in an efficient manner.”

In addition to the letter to the DOL, OOIDA helped craft the Guaranteeing Overtime for Truckers Act.

The bill, which would amend the FLSA to require overtime for truck drivers, was introduced in the previous congressional session and is expected to be reintroduced soon.

“If the FLSA motor carrier exemption is repealed, drivers would either be fairly compensated for the extra hours they work, or shippers and receivers would find ways to reduce delays to avoid paying overtime,” OOIDA wrote.

The DOL’s proposed rule would guarantee overtime pay for most salaried workers earning less than $1,059 per week or about $55,000 per year.

“We acknowledge that this notice of proposed rulemaking excludes transportation workers subject to the FLSA (exemption),” OOIDA wrote. “Regardless, it is important that the Department understands the effect of this exemption on truckers and the trucking industry. If this exemption were eliminated, drivers would otherwise qualify for overtime.” LL