It’s been a hectic two weeks. The Future of Freight Festival was last week, the federal government is cracking down on broker fraud, and the Teamsters union is still unionizing new trucking companies (when its president isn’t busy getting into potential fistfights with a certain Oklahoma lawmaker …).
On Nov. 9, lawmakers in both the House and Senate introduced legislation that would remove the clause in the Fair Labor Standards Act of 1938 that exempts motor carriers from providing overtime pay.
It would be a boon for truck drivers who work at trucking companies, but it’s unclear how it would affect the approximately 300,000 drivers who own and operate their own trucks. As you could expect, the lobbyist group that represents trucking employers has slammed this potential law.
Lots of truck drivers sent email with their thoughts on this bill, and even more left a comment on my article from last week. So, I thought I’d turn over this edition of MODES to the drivers who emailed us with their thoughts on the Guaranteeing Overtime for Truckers Act. Some comments were lightly edited for clarity.
Enjoy!
Joshua Allison, truck driver for 21 years based in Chicago
Back in the day when I ran reefer, there would be loads where I would sit for two or three days for the loads to finish and get loaded. I wasn’t getting paid because that employer paid mileage and no layover pay, so that was all free in terms of pay.
Pretty much any freight you’re hauling can take a while to get loaded or unloaded. The detention time doesn’t kick in for two hours usually and doesn’t pay much. Just think if I was working a job that wasn’t driving and did 2 hours of free labor.
Honestly, I think they should just pay hourly. There is a lot of free [labor] these employers get — fueling, pre and post trip inspection, breakdowns, and so on. These companies can afford to pay drivers better; they just don’t want to. It’s all about greed.
The price of everything is going up and it’s going up because of greed, not inflation. Wages nowadays are not paired with company profits like it should be where it used to be. “Oh, we’re doing good, let’s share the wealth with the people that make our company run — either with bonuses or pay increases.”
No, that goes to only the executive level now, which is a shame. I could tell you half the executives wouldn’t know what to say if you asked what a specific employee in certain positions do everyday at their company.
Jerry McAlister, truck driver since 2013 based in central Massachusetts
Here is what nobody is talking about when it comes to truck drivers and overtime.
Over-the-road drivers are paid by the mile and pay CAN be adequate provided carriers take every factor of the job and time requirements into account and compensate drivers appropriately.
The OT issue really plays to the local drivers who are paid hourly.
As a local driver, based in Massachusetts, but employed by a Pennsylvania-based carrier, not only do I not qualify for OT after 40, I don’t qualify for paid sick time in accordance with MA state law because drivers and other DOT-regulated positions are exempt.
Changing the federal law that exempts drivers, driver helpers and mechanics involved in interstate transport from OT after 40 hours would allow those employees to make a sustainable living and reduce turnover in those fields.
There is an enormous difference between over the road and local work. Current laws take advantage of a class of employees who are under a huge burden of education and liability.
Commercial vehicle drivers are held to a much higher standard, have much more driver training and bear the weight of the huge responsibility that comes with piloting an 80,000 pound vehicle among the increasingly distracted drivers who are more and more ignorant to the rules of the road.
The lack of OT and paid sick time, in the local or LTL industry, is a direct contributor to high turn over.
No one talks about that aspect of the topic … why?
Give me another industry, not counting the military, where the “employee” is expected to operate under such conditions for so little respect and so little pay.
Nick Lopez, truck driver for 27 years
Charge the shipper and receivers for waiting and detention time. That will fix delays. I’m at a company now — no overtime pay. Now I’m injured. I’m tired of cheap old trucks shifting clutch. My back is shot.
Absolutely, there are a lot of unpaid scenarios. I make $20.50 an hour to drive 80,000 pounds. My daughter makes $17 an hour doing steakhouse carryout. Yes, I’m pissed.
The industry is broken. We need protection. I don’t care if the goods are gonna cost more. Just fix this manipulation.
Rick Wick, truck driver for 22 years based in Ontario, Canada
I’m a Canadian truck driver. The same BS goes on here too.
Although the company I work for pays overtime after 10 hrs, the only reason is we are a specialized carrier/heavy haul.
I have pulled dry vans. The money was brutal, when you take into account the days away from home, not having access to a proper washroom or shower free of charge, not being able to eat properly. It most definitely takes a special person. I have great respect for these men and women who do it.
A lot of drivers are working 55-plus hours a week for straight time pay. In a lot of cases, they are probably only being paid for 40 hours of that. And they wonder why there is a problem in the trucking industry.
Email rpremack@freightwaves.com with your thoughts. Subscribe to MODES for weekly trucking insights.
Stephen webster
We got 10 paid sick days in Canada
Many local truck drivers are getting overtime in B C and parts of California. Large trucking companies will make the right donation and truck drivers will not get the hourly overtime pay they deserve
Adam
This move will finish off the trucking companies that are left in most areas. We already have to compete with leasing companies who talk drivers into buying trucks but still treat them as company drivers but call them contractor and the goverment refuses to go after or stop these leasing companies. Now we have to pay ot and they won’t have to?
Paul Davis
Been a driver for over 20 years. It amazes me that truck drivers recently lost the tax benefits of being OTR (not being able to deduct the expense of the job) yet another hit to income, and now the government wants to do something. I doubt truck drivers ever see the compensation we deserve. Having to pay driver’s for their time will increase freight rates, lower detention time and increase driver retention. Don’t believe the lies that it will hurt the trucking industry, it will just hold everyone involved accountable for the drivers time.
Ronald Broyles
I was one of those drivers who left a nice comment last week. I am a 30 year veteran of this industry. This should have been passed long ago. When the opponents of this bill are required, let me state that again for those who don’t get it, REQUIRED, to work 20 hrs a week for free, plus be REQUIRED to work 70 hrs a week, with no overtime pay, at their respective companies, I might have some sympathy. This is not voluntary. What industry, besides this one, can get away with that? I can assure you if it happened to you next week, you would be looking for another job. This is corporate and shareholder greed, pure and simple. There is a driver pay shortage, not a driver shortage. When the drivers who are my age, are retired in 10 to 15 years, you will see a shortage. Who do you think is gonna do this job? Your recruitment poster can read:
Work 20 hours a week for free
No overtime pay
No paid sick time
Speed Limiters
Traffic nightmares
Weather nightmares
Never be at home, miss everything..
Yes, you too can,
Travel the country, no you cannot stop.
Notwithstanding all the revenue collectors with badges…
Where do I sign up?
Thanks, I guess,
Ronald Broyles
J Sandoval
Not even counting that I am taxed about 15% of my gross pay every single week. Maybe a tax incentive would be nice at the very least.
Keev
They better pass this bill! I’ve had a Class A CDL for 22 years but quit the industry in Oct 2007. I was 26 at that time and grossing 2500$ a week hauling cars for pmtg. The company was terrible and went under but I left before that happened because I saw the ship was sinking. I was netting slightly under 2000$ a week and it still wasn’t worth it. I was paid .65 cents a mile to start and left at .69 cents. Hilariously these are roughly the wages today 15 years later… But it still wasn’t enough. At some point you have to ask yourself is it worth it…. Now I live in a rural area with my family and grow my own food, I need almost no money just the beauty of nature and some water. Excessive consumption and government corruption are out of control. Don’t buy it! I need so little to be happy and being on the road was miserable for all those hours alone.
Brian D Holmes
I’ve been in the business for a while as a driver and owner of a small fleet. I have always paid my drivers hourly and overtime after 40. They deserve to get paid for all hours spent working. And the overtime after 40 encourages them to work the full week because they make the most money after 40 hours. Currently drivers make 23/ hr and 34.5 after 40.
Jason Ellingson
This shouldn’t even be a discussion, 30$ an hour overtime after 8 at a minimum. How many office people take the chance daily to have possiblity of getting sued because some moron crosses the median and crashes into you and sues and wins in Texas… Werner driver sued and they won