Last week, four bi-partisan lawmakers introduced a bill to rid the industry of the current language within the Fair Labor Standards Act (FLSA) of 1938, which exempts truck drivers from receiving overtime compensation.
The Guaranteeing Overtime for Truckers Act is sponsored by:
- Congressman Mark Takano (D-California);
- Congressman Jeff Van Drew (R-New Jersey);
- Senator Ed Markey (D- Massachusetts), and;
- Senator Alex Padilla (D-California).
The Guaranteeing Overtime for Truckers Act has, of course, the support of the International Brotherhood of Teamsters, the Owner-Operator Independent Drivers Association, the Truck Safety Coalition, and the Institute for Safer Trucking.
On the outside, it seems like a no-brainer scenario.
But is it necessary? Do truck drivers get paid an hourly wage, or do they negotiate a rate based on the job itself? Are these roads paved by good intentions?
Congressman Takano said via a statement: “Truckers have been left out of overtime opportunities due to archaic standards.
“The impact of truckers on the supply chain to get Americans the goods they rely on entitles these workers to competitive wages. In an industry plagued with high turnover, the most common-sense solution is to guarantee overtime pay to drivers.”
But American Trucking Associations President and Chief Executive Officer Chris Spear believes the Bill is a waste of time and effort of an “if it ain’t broke-don’t fix it” mindset.
The American Trucking Associations, founded in 1933, is the largest national trade association for the trucking industry.
Spear said that excluding the now-defunct Yellow Freight, truck driver wages rose at historic rates every year.
“This proposal is nothing more than a thinly veiled attempt to boost trial attorneys’ fees,” said Spear not holding back.
He continued: “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. supply chain.
"The bill would not affect owner-operators, who, as independent contractors, are not covered by the Fair Labor Standards Act. To support this misguided legislation is a vote for supply chain chaos and the inflationary consequences for consumers. Rather than plaintiffs’ bar bailouts, lawmakers interested in actually supporting drivers could begin by fixing the nationwide truck parking shortage that costs drivers on average $5,500 in lost earnings annually.”