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.
Sconnie
Ironically, the ATA says the reinstatement of the FLSA will “decimate” driving jobs when, in actuality, it would likely increase the number of driving jobs. No one should work under a CPM system. Ever.
J Johnson
Seem like a good way to push the cost of goods even higher while increasing inefficiencies that already exist — like our highwway infrastructure that create traffic jams — mega warehouses were high wait times are the norm — see more Yellow Freight situations
Lst
If you are againts PAID overtime then why do you work over time (more then 8 hrs a day) ???
Every hour over 40hrs a week is overtime PERIOD !
You are not getting paid for it officially but you are still working overtime because your max is 70hrs8day or 60 hrs 7 day. Stop driving after 40 hrs if you dont care for that , but you do because you are paid cpm so you have to run to catch up those miles while in same time using overtime. What happens if you get stuck in traffic jam,accident, recivers dont want to unload you for 5 hrs? You dont get paid that waiting time while still being on the job.
Problem is cpm drivers dont realize that.
They should also get paid per hr, cpm shouldnt be main thing.
Anthony Lawrence
The day the industry is forced to 40 hr weeks and overtime is the day I quit. If you want 40 hr weeks with OT go work for the companies that offer it, they are out there. If you are happy with $50-75k, bc your employer is too stingy to give out OT, then have at it. Until then I’ll be out here making $175k because I work hard and I’m efficient.
Ronald Royled
Okay Mr Article Freight Waves writer. I will expect you to refuse any overtime pay for anything over 8, over 40, over anything. I also want every oppent to this bill, to immediately refuse overtime, while working the overtime. I await the line up to do so. Why is there no line for refusing the other pay? Until you do, shut it until it applies to you. It will suprise me if the following comment is even viewed.
Gerald Niedert
To finally eliminate the driver shortages that erupt every few years, and to make driving a truck a valued occupation that will attract and retain not just qualified and experienced drivers, but young drivers and female drivers of all ages, providing ‘fair wages’ and not just ‘competitive wages’, three (3) changes are essential: 1) Create a five (5) year transition eliminating Owner Operators as they are often misclassified, and in the aggregate they depress wages as their fully allocated costs are 10-15% below a company driver, and with labor being about 50% of the cost to a motor carrier this cost gap has to be eliminated; 2) Increase liability insurance limits to at least $5 million, as a minimum, with a three (3) year transition, and adjust the limits regularly to reflect changes to applicable costs, as this will enable the insurance industry to better underwrite the risks and as such eliminate many small motor carriers that hire unsafe drivers and pay wages that depress industry wages overall; and 3) Eliminate the FLSA Exemption, with a five (5) year transition, very achievable as even currently there is abundant technology that can effectively manage drivers remotely, enabling motor carriers to timely and fairly hold shippers and receivers accountable for driver delays and detention, and to pay the cost for such delays and detention.
Daniel Hourigan
I have been driving for 4 1/2 years now with a clean driving record and if my company or any other tried to decrease my CPM or cut my mileage back to adjust for the overtime pay I would look for a new profession and I don’t think I would be the only one. Treat professional drivers with respect and give us proper pay for what we went to school for!
Nathaniel Hosea
At last, I’m being compensated for my hard work instead of being exploited. Before my current employer, I lost thousands of dollars in free time waiting at warehouses and stopped traffic. I get paid hourly now and OT after 40 hours. All company drivers should enjoy this fairness in benefits like other professions.