Trucking attorney Jim Mahoney's law practice encompasses trucking and cargo loss litigation, claims management, compliance management, and operations consulting.
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The "Guaranteeing Overtime for Truckers" Bill: A Bad Idea in a Nutshell
The proposed federal legislation would repeal the motor carrier exemption of the Fair Labor Standards Act of 1938 and provide drivers with overtime after 40 hours.
Massachusetts Sen. Edward Markey said in a press release, “Outdated labor regulations have denied these vital workers overtime, leading to high turnover and supply chain disruptions."
Really? Is a lack of overtime pay really causing driver turnover and supply chain disruptions? Nah.
Congress is more to blame, not to mention the absolute animosity against trucking that the FMCSA seems to be displaying lately.
As recently as September 16, 2022, the Agency decided it wants comments on what’s wrong with ELD usage and how the DOT's lack of control over ELD manufacturers to provide technical support affects motor carriers and drivers.
Hmm, I hope the Agency’s servers are up to the onslaught of comments. I guess it’s just easier to hand out HOS violations because of the poor ELD services competing with enticingly low pricing.
The DOT’s February 2022 "Freight and Logistics Supply Chain Assessment" called for, among other things, the removal of the motor carrier exemption to the Fair Labor Standards Act.
The Owner-Operator Independent Drivers Association (OOIDA) likes the thought.
In a press release, OOIDA stated, “Shippers, receivers, and carriers have never been forced to account for all the hours that they keep drivers waiting, since it costs them nothing to do so. By repealing the FLSA exemption, this bill would help make sure that drivers are compensated for all the hours they work.”
Really? Is this another trickle-down theory? Do shippers or receivers really care? Will carriers have the nerve to ding a customer for overtime driver pay? Not bloody likely.
Yes, as your correspondent (that’s me) has said, something must be done about losing drive time to detention. There will be, of course, costs and unknown unintended consequences should overtime come into play.
Enforcing extra pay against shippers or consignees sounds simple. I just don’t see it in the dog-eat-dog motor carrier industry. But take heart. The Bill has been stuck in Committee for five months. And it’s not likely to get much bipartisan support.
With so many pay models in the industry, hourly, mileage, salaries, percentage pay, it should be simple, right? Nah. But then again, doesn't the DOT know trucking best?
