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 [email protected] with your thoughts. Subscribe to MODES for weekly trucking insights.
Ryan
So here in Utah there is alot of trucking problems.There is alot of companies that do not pay Overtime over 40 hours..This old law that was made along time ago needs to go bye bye..Drivers are no different than any other job out there that requires employers to pay overtime.Something needs to be done about this quickly.Shippers dont care,but the companies we work for should..Enough is enough.
Kenny
The fact that I work local delivery, home daily and don’t get OT is ludacris. I don’t understand the complications with otr and regional drivers and OT because that’s not my life anymore. But when a company pays OT to mechanics I can’t wrap my head around the industry not having to pay OT for a driver that never even leaves the city.
You go to Pepsi for 9 hours and the company gets detention pay for 7 of the 9 hours and gets to keep all of the detention while not paying the driver OT. Just another reason company’s and the industry struggle to keep drivers. Always boils back to greed and not respecting a drivers time. Can’t wait to hear all these owners crying if the bill passes. They’ve gotten away with it for way to long.
Donald Louis Martin
Actually, if all of the trucks stop rolling tomorrow morning. The country would come ta a screeching halt before lunch. He’ll we can not find parking. Strange that it is so. DOT mandates after 11 hours of driving or on duty for 14 hours or which ever comes first we must park and sleep, or go off duty.
Wally Walmart said to every trucker this ” as long as these properties have my name on it you can park here. Forgot the date but it was recorded. Now Walmart is throwing drivers off the lots. If that is so then they must change the name of the company. That would actually be the only real legal excuse for doing so. A real good attorney should initiate a class action law suit. ” trucks propelled this companies success “.
Donald Louis Martin
I have been driving off n on since 1974. Back then it was good. We ran hard and made a good living. Back then our trucks ran strong and the one I had got about 22 mpg. Rolling between 80,000 and 100,00 lbs. With mechanical fuel injection. Today with electronic fuel injection they are getting less than 8 mpg. that is because our corrupt pu lic servants in there quest to create more tax revenue at the citizens expense in the guise as climate change or what ever BS they conning us with. Now they have created the need for diesel exhaust fluid. That is said to burn the unturned fuel that is actually caused by lowering a diesel engines efficiency by chocking the turbo charges ability of initially supply the proper air for the air/ fuel ratio to be correct for a proper burn. That problem was created by our corrupt public servants to best suit them at our expense. For instance; a loaf of bread cost $0.26, and if you paid that, you paid too much. This is what else bothers me. These public servants become multimillionaire on public servants pay. The only way that is possible is by corruption. I could go on for hours on this subject. However, no one will listen to the reality that I am trying to put forth. America started to crumble just after WW1. That is when the fraudulent intity known as the United States was created by those corrupt politicians. Ever since that date we have been a captured nation. Before that date we were known as United States of America. USA Army, USA Marines etc.. now its US Army, US Marines etc… have ever been into one of our court rooms. Did you notice the gold fringe around the flags. If so, let me tell you what that means. That makes that court room follow military law. Otherwise known as an Admiralty court. Which is under the jurisdiction of military law. They have hanging on the wall a framed picture of our civil rights. Unfortunately for we the people, those civil rights have no authority. Corruption must stop in America soon. My current truck is getting 6 mpg. I will fix that problem as soon as I can stop by my home while in route with enough time to do it. It will immediately start running loaded at 9.5 to 11+ mpg. It should make my employer happy because of the 40 to 50% lower fuel cost. I won’t say anything. I will wait to see how long it takes the accountant to notice it. My real reason is it will allow make truck fully loaded be able to maintain speed. I should be able to put in an extra 1,000 miles per week. I will be able to do it without even trying.this will lower transportation cost by at least 50%. This can and will lower everyone’s cost of living as it should be. You probably will not post this wisdom. I have a lot more to say if asked to.
David Lesher
My name is David Lesher I live in Amarillo TX and I have been Trucking for almost 30 years. All these Carriers are the Same. Cheap pay and High dollar benefits is what they offer us. I think we should make $50 hr for every logged hour and $75 Hr after 40 logged hours. It’s BS. We do all the dirty work and are away from our house for weeks at a time and controled by employers and the Government. Most people have no idea what it takes to do what we do. We make the Country run period. Maybe we should strike like the Auto workers or these other unionized corporations. I promise about 3 or 4 days of a nation wide Trucker strike would wake everyone up. I’m all for striking. But it would take all of us to open up everyone’s eye. Cheap ass industry WAKE UP DRIVERS AND LETS BAND TOGETHER FOR US. Because at the end of the day nobody including these employers cares about you or your well-being.
WB STANDRIDGE
I have drove for over 35 years. And I have also worked inside at various times during that time. I’ve also brokered my own freight. What amazes me is the number of drivers who seem to think the companies are making a killing off of them. Use a little common sense. Look how many companies are closing. The money is not there like it used to be for these companies. And although it would be nice to be able to collect an hourly wage and overtime, the only way trucking companies would be able to do that is to lower the mileage pay. Or go to hourly. And if you think that you’re going to say well I drive 60 miles an hour on average so we’ll take that times my current mileage pay, say 50 cents a mile on the low end, so I’m going to make $30 an hour. Guess again. If these companies have to go to hourly to comply and survive you’re only going to make about 20 to $25 an hour at the most. The only thing that will come about with forcing companies to pay overtime and hourly and this type of work, will be a lot more companies closing their doors. many of them are barely hanging on as it is.
David
Obviously the truck driving transportation system for drivers is broken. First it should be taken away from the government. Because the gov has or does receive big money from various organizations connected to the trucking industry. Everything from pay, benefits, even education( which truck drivers have no oppurtunity for college degree strictly related to the Truck Driving Industry). Not driving related but all the other aspects that drivers are responsible for as their job requires. Yes it could be created via the internet. Otr and local truck driving rules need to be split. What local drivers do go through for there jobs are different then OTR. Ive done both and have been on both sides of the tracks for 38 yrs. From corporate to driver. The system is a mess and as long as the government and businesses can keep the driver at a just get by level they will continue to do so.