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.
Richard Davis
The problem isn’t OVERTIME, its DETENTION. It is the time sitting at docks that drivers don’t get paid for. If you want a 40 hour a week job, don’t get a OTR truck driving job.
Richard Davis
There is no such thing as overtime for an OTR truck driver. Driving a truck long distance isn’t a 40 or 70 hour a week job. There is many types of trucking within the trucking industry. It takes longer than 40 or 70 hours to drive from one coast to the other coast and back. Eliminate the 70 hour limit and pay truck drivers for all hours within their 14 hour clock. Mainly the hour’s sitting at a dock, that is the problem, not so called overtime. Getting drivers home when they want will always be a problem, kinda. No two drivers are the same.
Justin
Drivers and companies alike should get paid in the end. The overtime pay isn’t factored as easily with mileage paid drivers. Guarantee drivers logs vs what is actually worked isn’t always going to be adequate, much less even close. I’ll give a few examples ahead.
Drivers delivering at live load/unload situations. Nine out of ten times will get to said shipper/receiver; get into “sleeper berth” or “off duty”, to save the precious time needed to perform task for the “14/11/70/8” hour day/week (8 day week) ahead. They creep around yards to docks to avoid using any time off the clock. They spend hours on end waiting to get to doors or to be called or disturbed repeatedly during the shipment. Not being paid for it, and not on any clock.
The company I work for, for an example pays nothing until 12 hours (which is better than a lot) for being stuck at the shipper/receiver. Then they pay $100 (essentially $8.33 an hour) claiming you make it to 12 hours. If it’s 11 hours then it’s up to the mercy of your dispatcher and ultimately may or may not get paid, but if it’s over 12 hours then your essential $8.33 hour goes down every single hour until the 24 hour mark. So, if I get to 18 hours I’ve just dis-respectfully made $5.55 hour. I would at least prefer to be driving down the road so I could make money by the mile hopefully (other issues ahead).
Some drivers don’t make that. Dealing with sitting waiting for loading or unloading. They just try their best to save the clock in hopes of getting rolling soon.
We spend long hours in traffic jams stopped, in fuel islands, truck stops, in truck washes, washout, parking areas, and many more I’m forgetting. All in the while respectfully trying to be in “off duty” or sleeper berth”.
Not only task within the 14/11 hour day, but the 70 hour (“said 70 hours”), week (8 day) ahead. Drivers are trying to save clock at every single turn. Everything within a truckers’ week is trying to save time, every which way they can on the clock (eld & paper alike). So, the numbers of hours that the companies, FMCSA, motor carriers, and drivers alike, are submitting… are all fabricated to a large’ extent. More than most could ever imagine sitting behind a desk.
Hopefully this gives a tiny bit of insight into what is happening and why the laws have to change.
DRIVERS WORK HARD RACING THE CLOCK. THE CLOCK YOU SEE AND THE TRUE CLOCK IS NOT THE SAME.
Tom Haskins
It’ll probably never happen, because to many politicians are controlled by lobbyists. However, this slave labor law should have been replaced 40 years ago.
Mark
What about the drivers, that are no longer working in trucking or at all. I think , the driver should get paid , when he gets on the truck , till he parks the truck after he gets home. How much I don’t know. But getting paid just for driving is not sufficient. Like I said. The ones who worked driving should also be paid , if there is money being paid.
Gene Ivie
Trucking companies will need to have drivers be on duty to track their work hours. This will eat away at the 70-hr clock. I prefer to save my clock for driving as much as I can: $57/hr (net) driving vs. $20/hr (before taxes) non-driving.
Just as workers who have been laid off because self-service kiosks are much cheaper than a $15/hr minimum wage, this nonsense will hurt those it claims to want to help.
Lisa
I’ve been OTR for 25 years but I’m not a complete idiot. Trucking companies aren’t exactly rolling in $$$. There’s no possible way they can start cranking out overtime pay without going belly up. If this happens all those drivers thinking they’ve won something will be jobless as their companies close the doors on any company type drivers. Only the o/o’s will be left. You drivers that think companies of any size can afford this- think again.
Victor
Well, this definitely will tell you who the business owners are out there and who are the drivers who don’t really know how the industry operates. Everyone wants to blame corporate greed for the lack of pay. Have any of you who say that really looked at the revenue of the publicly traded trucking companies? Profit is tight. Always has been. This where the argument that they’ve had record profits these last few years gets inserted. Look at the abnormal situation happening then with COVID and the boom from e-commerce. That has gone away again and, with it, those profits that you want to base your arguments on. Now we’ve got more unfunded government mandates coming down the road (Pardon the pun) with the new fuel mileage standards and emissions standards for our trucks. That causes the cost of equipment to go up. New trailer safety standards. Equipment price goes up. Insurance premiums? Going up. Regulatory costs? Going up. Real estate costs? Going up. Taxes? Up. Fuel? Up. Labor? Up. All of that has to come out of the freight rate for moving that load. And, if the customer doesn’t want to pay more to haul it, how are you going to cover the increases expenses? Simply put, you aren’t forced to drive a truck. If you don’t like it, find another job. Last report from the government showed there were over 10 million unfilled jobs out there.