Truckers’ overtime bill introduced in Senate

Truck drivers often work 60-hour weeks or longer, but carriers are not required to offer overtime pay. Sen. Alex Padilla, D-Calif, would like to change that.

With the encouragement of the Owner-Operator Independent Drivers Association, Padilla introduced the Guaranteeing Overtime for Truckers Act in the Senate on Monday, Sept. 12. Rep. Andy Levin, D-Mich., introduced a House version of the bill in April.

The bill would amend the Fair Labor Standards Act of 1938 to “remove the overtime wages exemption for certain employees and for other purposes.”

“It’s hard to think of many professions where employees must be on the clock but not fully compensated for their time,” OOIDA President Todd Spencer said. “But this is the reality that many truckers face because of the FLSA overtime exemption. Shippers, receivers, carriers and others throughout the supply chain hardly have to think twice when they push truckers to work 60, 70 or 80 hours in a week because they know they won’t have to pay overtime.”

The American Trucking Associations claim that the trucking industry faces a shortage of 80,000 drivers. However, OOIDA points to low wages and poor working conditions as being the contributor to a turnover rate of 90% or higher. The fact that most truckers don’t receive overtime and aren’t compensated for all of their hours are the main reasons drivers turn in their keys, OOIDA says.

“Long hours and inadequate compensation are contributing to sky-high turnover rates in trucking, and repealing this exemption will help make progress on these problems,” Spencer said. “We applaud Sen. Padilla and his colleagues for standing up on this issue and making the repeal of this exemption a bicameral effort.”

Improving wages

Padilla said he introduced the bill in hopes of improving wages and working conditions for the workers who kept America’s economy moving during the height of the pandemic.

“America’s truck drivers are on the frontlines of keeping goods and our economy moving,” Padilla said in a news release. “In fact, more than 70% of goods across the United States are shipped by truck. Unfortunately, the COVID-19 pandemic and the resulting supply chain crisis aggravated persistent hardships for truckers, including long hours spent waiting – often unpaid – to load and unload goods.”

The Senate bill is co-sponsored by Edward Markey, D-Mass.; Richard Blumenthal, D-Conn.; Bernie Sanders, I-Vt.; and Elizabeth Warren, D-Mass.

“Truck drivers are the engines of our economy, ensuring that everything from consumer goods to commodities reach their destination on time,” Markey said. “Outdated labor regulations have denied these vital workers overtime, leading to high turnover and supply chain disruptions. Don’t be fooled by the trucking companies’ crocodile tears. There is a simple way to recruit and retain drivers: increase their pay. The Guaranteeing Overtime for Truckers Act does exactly that by eliminating the overtime exemption. I am proud to work alongside Sen. Padilla on this legislation and am committed to ensuring that truck drivers receive the respect and rightful pay that they’ve earned.”

More support

Earlier this year, the U.S. Department of Transportation recommended the elimination of the overtime exemption as a way to improve the supply chain.

In addition to OOIDA, the bill is supported by the International Brotherhood of Teamsters, the Truck Safety Coalition, the Institute for Safer Trucking, Parents Against Tired Truckers, and CRASH.

Overtime for farmers

Padilla’s efforts to get overtime pay for workers aren’t new. In June, he introduced the Fairness for Farm Workers Act. The bill also would amend the Fair Labor Standards Act of 1938 to provide overtime and additional minimum wage protections for agricultural workers.

S4480 has 11 co-sponsors. LL