WASHINGTON — Advocates for getting more women into trucking weakened their stance on an overtime pay exemption as they hammered out a report to be submitted to the Federal Motor Carrier Safety Administration.
The change was made on Monday during the final meeting of the Women of Trucking Advisory Board (WOTAB), which was chartered last year by the secretary of transportation and charged with “reviewing and reporting on policies that provide education, training, mentorship, or outreach to women in the trucking industry and recruit, retain, or advance women in the trucking industry.”
Listed among “Essential statements” in its FMCSA report, a WOTAB report drafting subcommittee sought to remove the industry exemption from the Fair Labor Standards Act (FLSA), which currently allows carriers to avoid paying overtime wages to drivers.
“[The FLSA] is a barrier for women to become drivers making it hard to support their families and earn a fair wage with basic protections,” according to the subcommittee’s statement.
However, American Trucking Associations legislative affairs director Alexandra Rosen, a WOTAB member, pushed back on the draft statement, contending that “there would be a high chance that this would impact wages negatively, because many owner-operators are paid by the load and by the mile.
Rosen, who lobbies Congress on labor issues, said that removing the FLSA exemption would “upend 90-plus years of labor law, and I don’t think that impact would necessarily reflect” what the board is intending to do by changing the law.
In defending the statement to remove the FLSA exemption, WOTAB member and professional truck driver Kellylynn McLaughlin responded that one of the major complaints in this industry has been that drivers are not compensated for their time, “which is normally between 60-70 hours per week,” she said.
“The labor protections that are afforded every other industry and employer does not apply to us. And it’s time to take a good look at our protections and that we receive the same protections as others in the workforce.” She also pointed out that the exemption would not affect owner-operators, but would only apply to company drivers.
But Rosen countered that truck drivers who are considered employees under FLSA “are unlikely to receive that increased pay, because employers are going to be incentivized to adjust those compensation rates-per-mile or per load to account for that change, as well as the separate costs associated with overtime hours.”
After the discussion, WOTAB altered the statement. It was changed to read: “Review and research the potential for an industry exemption from the FLSA to determine the degree to which the lack of FLSA applicability to trucking is a barrier for women to become drivers, making it hard to support their families and earn a fair wage with basic protections.”
Debate over the issue of driver compensation resurfaced last week after legislation to remove the FLSA exemption was reintroduced in the House and Senate.
Endorsed by safety advocates and the Owner-Operator Independent Drivers Association, some members of which are company drivers, the legislation was strongly opposed by ATA, which called it “a thinly-veiled attempt to boost trial attorneys’ fees” that would “reduce drivers’ paychecks and decimate trucking jobs.”
Anti-harassment, driver training addressed
In addition to policies that can potentially affect all drivers and carriers, WOTAB’s report focused on other ways to improve the lives of female truckers and boost the ranks of women in the industry.
The report recommended removing drivers who are proved to have committed sexual harassment and assault by setting up complaint-reporting mechanisms outside the company structure.
The board also sought to develop a rating system for carriers “that would demonstrate commitment to industry standards, allow drivers to understand potential safety concerns with carriers, and highlight carriers that actively demonstrate their commitment to upholding anti-harassment standards.”
To address harassment vulnerabilities exposed during CDL training periods, WOTAB’s report advised that, during over-the-road training, “trainers and trainees should never share the same sleeping quarters,” including hotel rooms and sleeping berths.
It also pushed for expanding government grants for training and education for women pursuing a CDL, including offsetting child care, transportation and living expenses.
After receiving and finalizing WOTAB’s report, the FMCSA administrator will submit a report to Congress, as required by law.
j cole
If You don’t like trucking, then quit, find some other 9 to 5 job and be home at night!
Russell Shawn
One of my motivations for changing companies was that my current employer pays time and a half for overtime. I wouldn’t work for a company that only pays straight time. I hopeful congress will change this exemption. Russ S.
Doug K
Monica Lopez – You should call ATA HQ’s they say there’s at least a 50,000 shortage of driver’s. I’m sure they could find you one of the 70K a year driving jobs they say are readily available.
Jim H
Most over the road drivers get paid by the mile so hourly pay is not an issue for them. But as an local/hourly driver I wouldn’t drive a truck for a living if I didn’t get o/t after 40. Driving a truck is a tough job but paying overtime after 40 would attract more people to the profession.
Kevin thompson
To resolv a lot of this over time not being paid.all class A drivers should have a salary cap of at least 50$ an hour + Labor.we are professionals transporters.we are part of America. treat us like it.these corporate company’s are getting the whole pie.then slide the drivers the crumbs.
Monica Lopez
I graduated with a CDL-A and have yet to found a driving position. Could you recommend companies hiring new grads?
Respectfully
Lopez
Doc
Problem with overtime for truckers is that they’re largely unsupervised. There’s countless ways for someone to manipulate the clock when more hours gets them more money. Cause your own breakdown? Stop an hour at the truck stop and say it just took you that long to get fuel? Periodic “inspections”? Say you had to wait a while at a shipper or consignee? I can’t see it ever being possible to manage for most driver situations.
EDWARD M ROBERTS
How many GPS thingies do you need? Listen. We need to focus on getting qualified drivers in this industry. If it means more female drivers fine, transvestites, black, Indian, who cares. Just do your job and know your job. Keep asking for more and trust me, they will come up with a way to take it back and you will end up with less.