Truck drivers sound off on a bill that could give them overtime

‘Wages nowadays are not paired with company profits like it should be where it used to be,’ one truck driver said

Speed fills seats, but structure keeps drivers — recruiting only works when the operation is ready. (Photo: Jim Allen/FreightWaves)

Dear MODESians,

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.

The way truck drivers rest and work could change with hourly pay. (Photo: Jim Allen/FreightWaves)

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@www.freightwaves.com with your thoughts. Subscribe to MODES for weekly trucking insights.

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Rachel Premack

Rachel Premack is the editorial director at FreightWaves. She writes the newsletter MODES. Her reporting on the logistics industry has been featured in the New York Times, the Wall Street Journal, Bloomberg, Vox, and additional digital and print media. She's also spoken about her work on PBS Newshour, ABC News, NBC News, NPR, and other major outlets. If you’d like to get in touch with Rachel, please email her at rpremack@freightwaves.com or rpremack@protonmail.com.