The American Trucking Association (ATA) has won a huge victory. The Federal Motor Carrier Safety Administration (FMCSA) has ruled that California’s meal-and-rest break rules (MRB Rules) will be preempted by federal law, taking away the state’s right to put legislation in place that governs their own workers.
While the Hours of Service (HOS) rules put federal requirements in place that govern drivers’ rest breaks, additional rules are imposed by the state California on drivers operating within the state. These MRB rules have been incredibly unpopular with mega-carriers who have frequently faced costly multi-million dollar class-action lawsuits brought by drivers over their illegal pay practices.
To try and curb those lawsuits, on September 24th, ATA petitioned the FMCSA to preempt the California statutes using federal regulations. Less than 3 months later, on December 21st, the FMCSA announced that it was siding with ATA.
In their ruling, the FMCSA stated that CA MRB Rules “are incompatible with the Federal hours of service regulations” and that they “cause an unreasonable burden on interstate commerce.”
Secretary of Transportation Elaine Chao said that the ruling comes “in response to widespread concern from drivers, concerned citizens, and industry stakeholders.”
But advocates of driver pay reform have pointed to MRB Rules as one way to force carriers to pay drivers at least minimum wage for all work performed. MRB Rules have helped drivers demand employee benefits, claw back withheld paychecks, and earn wages for non-driving tasks including waiting to be loaded or unloaded.
ATA’s efforts to handle this with a bill passed through Congress have failed multiple times in recent years, so instead they turned to the DOT. Whether the FMCSA decision will be challenged in the courts is yet to be seen.
Source: gobytrucknews, fleetowner, truckinginfo, FMCSA
Shogun says
Chao said “the ATA’s donation to my bank account made the decision quite simple”. Ray Martinez, FMCSA director stated “I can buy a lot of burritos with the ATA’s donation to my retirement account.” After that, it made sense to side with mega carriers.
Shane says
🤣
Shar says
Hahaha
Deaconblues62 says
Martinez can also be Cuban or Puerto Rican.
El NoCeapo says
I quite long haul because if the 1000s if hours you out in with no pay.. No L.O.A pay .no pay for sitting Somtimes as much as 24: hours to get loaded or unloaded
El NoCeapo says
I quite long haul because if the 1000s if hours you out in with no pay.. No L.O.A pay .no pay for sitting Somtimes as much as 24: hours to get loaded or unloaded
Ed says
State and local municipalities have always had the right to make more restrictive truck laws, as long as they don’t take away from federal law. From local truck routes to pay for for their respective workers have always been allowed. If this ruling is upheld, then ALL state and local truck laws that are more restrictive should be abolished. Fat chance.
Michael Gary says
Anything to keep wages down….
Shar says
Yep, because nobody cares about truckers. Profit over people.
T. Perkins says
Some day the trucking industry will collapse under the weight of its own greed.
Ain’t nothing new under the sun….
Todd says
Thought the dot wants to protect us??? Keep siding with others an not the truckers keep lining your pockets an saying we are protecting the truckers keep telling your self that! Any wonder there are 75k trucker jobs available An nobody wants to do this job! Everybody gets rich off the trucker but the trucker.
Powder River says
This is a perfect example of state’s rights vs. Federal Law. Don’t get me wrong I’m all for this MRB override, but how can the Feds enforce FMCSA and States ignore Federal law on illegal immigration sanctuary cities and cooperating with Federal law enforcement egrncies within cities and States See the problem? you can’t have one without the other.
Tommy Molnar says
Good point, Powder River. How is it that the fed lets CA get away with sanctuary cities in violation of federal law, yet not allow this pay stuff?
MrYowler says
Two words:
Selective Enforcement
John White says
Companies make millions in profit but drivers dont get paid for hours waiting to load or unload, make sense?
Shar says
Nope. That’s why every driver out there should be paid hourly.
Mark Rosser says
This is trucking. You want to get paid to load or unload then get a local job making an hourly wage. They pushed for elds and now everyone is complaining about not having enough time or having to take the rest of your ten hour break after bumping a dock. For those of us that drive and have driven for years the way things are going is for the birds. Get paid to load unload. Fml.
You don’t like the way things are then you can always find another job maybe. I have ran elds and i have never been more tired in my life. Went back to paper and am on my old schedule. Guess i don’t like being on a schedule. There is always gonna be something regulating trucking. The more that people who don’t respect the fact they are in control of a 80k rig is just not important any more. With all the creature comforts that the new trucks offer i surprised that many of you aren’t suing to have the truck do more work.
Dave R says
You are pretty close Mark. If you dont like the way you are paid, get a job that fits what you want. You do not have the right to tell your employer how much you are to be paid. You can bargain with them, and if you do not like what they offer, then find a job you do like. Sometimes its not just about the money. It is in how you are treated. So many steering wheel holders out there any more. I guess that is why they are building autonomous trucks and even more with automatics. So the computer can do the work for them. I have been doing this since the 70s, and I still love driving. I myself am very happy the FMCSA went along with the ATA. The only thing that BS california law did was enable sham attorneys to ruin many companies, and actually did nothing for the employees, and cost the employers even more money to defend themselves. Wake up guys, Just do the job you were hired toe do, and if you are not paid for what you do, then change jobs. There are so many good jobs out there. There really are, but for good drivers and not pansies.
A-State Trucker says
That’s why pay will never get better. Old heads complain because driver’s want more money for work performed. Just because y’all want to work for free, don’t complain about others wanting what’s deserved! Truckers should be paid for sitting hours waiting on a load. No other job asks it’s employee’s to be at work and not get paid for EVERY single hour they’re on the clock. Pam pays just $40 funky dollars for lay over and that’s only if you sit for 24 complete hours.
Kevin Chevalier says
Here’s your sign, another sheep waiting to be sheared
Gentoo says
That’s exactly what a lot of drivers are doing which is why most companies have a hard time retaining drivers.
MrYowler says
There is some merit in the demand for enforcement of minimum wage laws. Carriers are responsible for a lot of the entitlement that you’re talking about, because they make big deceptive promises to desperate, hungry people – instead of treating experienced professionals fairly and honestly.
It’s hard to sympathize with carriers who bring the problem onto themselves – and the entire industry – by pretending that one group of drivers is a suitable substitute for the other, deceptively making them think that they will be compensated as professionals, and then actually compensating them at less than legal minimum wage thresholds.
They need to own the problem that they created – and since they will not do so, responsibly, on their own; they must have their feet held to the fire on the subject.
It’s just a shame that we cannot rely upon unelected bureaucrat government regulators to follow the lead of the elected officials whose responsibility and position it is, to enact the will of the people, on this subject.
Law is supposed to be written by elected legislators – not appointed bureaucrats. Appointed bureaucrats are *not* supposed to countermand law enacted by elected legislatures. Did the founding fathers need to explicitly write that into the Constitution, for it to be understood?
Prentis Cheeley says
Im with u
PLASE MOORE says
All the rate cutting, trucking associations are nothing but liars, and they can take off the $500.00 suites, and drive their own trucks as far as I’m concerned. It’s coming to a day, all the trucking companies will welcome autonomous self driving trucks, because the young men to day are to disinterested in long days from home, low pay, and companies speaking out both sides of their mouths. The writing is on the wall!
Don A Cappello says
I personally can’t wait for autonomous trucks. So I can hack into them and block all the roads. It’s gonna be biblical !. I drive a tanker over the road, mostly western region and get paid hourly. But it’s straight pay. No overtime. If this ruling changes that with the company I work for here in SoCal. I will quit tge industry. I love tge adventures I go on out on the road.
Scott says
Yep, you should just be paid by the hour for all 24 hours in a day. Because to live in the tiny little box is the real work.
Just give me a stipend, and give me the boot if you don’t think I’m using my logbook efficiently.
Don A Cappello says
I drive teams out of socal. My wife and I get paid 22 hours out of the day. We have to take two 1/2 hour breaks in a 12 hour shift.
Jay Stensrud says
Good stuff there Mark. So Federal law says no money for drivers. California says give drivers money. Federal law says a typed name or mechanical written name on HazMat BOL is acceptable for shippers responsibility. California says. Has to be hand written by responsible party at the shippers. Federal law says Pot is illegal. California with a bunch of other states says smoke that wacky tabbacky up. Just give us our money. Ding Ding Ding. Ahh. The money. Working for one of the largest carriers in the industry. After being told we had just had the biggest year ever. Profits right a 1.000.000.00 a day. Every day. They were happy to announce our cost of living raise. After taxes. Insurance premiums increased. So on so fourth. You know the rest of the story. Sad. Just plumb sad. Owned trucks. Father owned trucks. His father owned trucks. First to have a trucking job in my family. Our wages over 84 years have declined. Big trucking management. Their wages have skyrocketed. Hmm. Almost like Federal and State. God Bless Us. We need it now more then ever. Be safe. Please. Try to be a little more courteous out here. Maybe even a little respect for each other. Help the new folks even if they make you crazy. You can cuss after you help them. In your truck to yourself.
Kevin Chevalier says
Good statement Jay i’m born and raised in trucks as well seen some
mighty low pay with no benefits, it’s a way of life damm sure ain’t no
9-5 is it, there are so many sheep in the fole these days that have no
idea how much different it used to be back before deregulation my
daddy was a driver during ww2 and continued as a line haul driver
till he became an owner operator in 1950 I learned the hard way.
Steve Duggan says
It’s real simple. Get your year in OTR and go get yourself a local or linehaul gig. I get paid for pretty much everything I do and am home daily and off weekends.
If you run OTR and want to live in a truck, that’s your CHOICE, so deal with what that entails which is a lot of waiting and unpaid work. Someone has to do it, better you than me…
Jay Stensrud says
Really. Should’ve figured. I do the same thing as you dumb ass. You’re just not knowledgeable or have enough experience to speak to this topic. I make a 100k a year and benefits second to no one. In 1935 truck drivers in today’s dollars made 95k yearly. Ya get it bro ?? Probably won’t. Waste of time talking to some folks.
Andrew H says
California is a burden to interstate commerce.
Ralph says
So wait as an owner op i agreed to be a contraxtor but then I want to say i want at least minimum wage because im barely making any money under the contract i signed ???? Sorry but if under contract the only obligations are what are on the contract.. all contract workers have regs sad enough to many dumasses who dont thoroughly read and get caught up in the romanticism of being “your own boss” get into trucking
MrYowler says
Carriers sell it to newly minted drivers who are too desperate to afford to negotiate or argue.
There should be law to protect those drivers, just as there is law to protect you from predatory bankers. Predatory contracts are predatory contracts, and not everyone has the resources to fight the megacarrier who makes them big promises with tiny disclaimers.
I hear a lot of talk about how we should help one another, and be courteous to obe another – and then I see crap like this. If you want to be treated with respect by new drivers, or by the publuc at large, you need to give respect as well. Just because a man is desperate and his family is hungry, is no excuse to treat him as though he deserves to be taken advantage of.
If you don’t care for self-entitled, lazy kids driving trucks, then maybe it’s time to stop acting as though the world owed you some kind of special respect, for having gotten into a truck before they did. You get what you give – if you’re lucky – not what you think you’re owed. And those self-entitled kids are taking their lead from YOU.
DONALD D HENDERSON says
Drive a co truck, dont live in it. Come out to the oil field, start with working 20 days a month, 5 on 2 off then 5 on 3 off. 90k a year, great benefits. Pick a place with oil, 120k year is very realistic.
Chicago Tom says
Donald are you talking about working directly for an oil company? I live in Chicago.
Kevin Chevalier says
yeah I agree of course you don’t have much of a life being on that
truck for 10-16 hours a day
Mike R says
Yeah with but you forgot to mention the lack of housing that’s available if you decide to work in the oil field or fracking field. And if you do get lucky and find a decent place to stay it will cost you a good chunk of that 90,000 a year you make not to mention how everyone is price gouging you on just about everything in those oilfield towns. I did it for almost a year and was never so happy as I was the day I quit doing it I’d rather make $70,000 a year live in a decent town and a decent home than to live in a camper or company housing to make $90 grand a year so don’t try and sugar coat the oilfield or fracking line of work to me because if it was so great they wouldn’t need to look for drivers in every state they would already there.
Donald Anglin says
Lol ..money talks .. Bigly ..and the bs continues ..
Travis Werner says
More power to the federal govt.,that is trying to get away from us,everything we have ! How about these big outfits stay honest,and pay their employees for a start….then get rid of about half of the DOT,and FMCSA,and their rules….then,make it so it’s none of the govts. damn business how much,and when we make our money ! As long as we are making money,and paying the tax on it,the govt. should mind their own damn business,and actually get something done “for the people” for once !
Jim Getten says
Drivers are their own worst enemies. They and they alone are the only ones who will change a badly broken system. The reduction of their pay over almost 30 years is the result of legislation passed by Congress and signed into law by President Jimmy Carter (a flaming liberal). Read it and know that only Congress can do something about the problem.
https://en.m.wikipedia.org/wiki/Motor_Carrier_Act_of_1980
Don watson says
here a idea for everyone, after your made your comment here go on to FMCSA web site and let them know how you feel about the fact they speak with a fork tongue. That their lasted decision clearly shows that when one of the biggest safety problems out here, drivers being under payed or not at all and working more hours to make a decent living, is not a concern to them. That the trucking company’s profits are more important. That’s it’s time for different actions. Can you imagine if half of the of six million drivers lit up their website, wrote their elected officials. Demanding we be payed for all our hours worked…something might change. But most drivers won’t. I’ve written to them so many time now that all I get back from the FMCSA is a thanks you for your suggestions…lol …
Jim Yates says
This is just another case of wanting a nickel when you’re already getting a dime. Shortsightedness on the part of the truckers who file these lawsuits will get them minimum wage in the end, and then that’s all the employers will have to pay. Putting in provisions for getting paid minimum wage while you are one your break is asinine. What they should be fighting for is the elimination of the break altogether. “Watch what you wish for, the laws of unintended consequences will get you in the end.”
Kevin Chevalier says
Your never gonna make the money for the time spent on that truck, driving a
brand new large car isn’t a benefit it’s an image i’d rather be sleeping in my
own bed every night the close’s thing I could come to is 10 hours a day 6 days
a week @ 18.50 hour it’s a fair pay but it’s still a lot of hours i’m just glad I don’t
have to deal with logging any more, the one thing that has bothered me for years is transportation is the only industry that’s not required to pay over time
and trucking takes ruthless advantage of that their excuse is there are plenty of hours available to work they might want to inform the FMCSA of that, i’ll
never work for mileage again PC isn’t much better hourly is the best way to go
at least you get paid for all your time vested in the day but even they have problems with paying over time, makes ya say hmmmm
Kaiyla says
Personally I like my 30 minute break. Is the time where I can say I’m on break and I’m out to lunch and screw everybody else because I don’t care. Of course I’m getting paid by the hour as well. I feel bad about people who are over the road and I am done with that crap. And what you guys are trying to force is a way for the companies to tell us what to do. Everyone else gets a lunch break so what makes you special? Or stupid? Because people who are fighting against this 30-minute break thing are complete morons.
Bobbie says
These problems will all be solved soon enough. The idea of paying people to hold a steering wheel 11 hours a day is ridiculous. It will all be solved the way all peoples problems get solved – Freedom , Capitalism , Technology. Drivers don’t like there jobs ? show them who’s boss and quit now , while you can still tell them to take this job and shove it. You won’t have that ability much longer.
Tyler says
Fast foods 15 hr in ny. 80 hours no ot 2 jobs 1200 a week is why i dont drive now. Pay in trucking is way to low and responsibilityd are very high. When driver shortage hits half a million ill go buy a truck through the bank. Never will work for the greedy companys again.
Sara says
No sanctuary in Ca. It’s a wanna be that won’t happen.
Sara says
I’m going to become greedy selfish and money hungry
Sue says
Elaine Chao, appointed by Trump, comes from a family of Chinese billionaire shipping magnates. Of course she’s going to agree with the trucking companies over workers. She stands to profit from this.
Sara says
California is not a sanctuary state or city . No one approved it.
Sara says
Once upon a Time it was get rid of trucks use trains now it’s get rid of humans use robot controlled trucks We are disposable.
Butch McTavish says
Flooded Illegal immigrants, low pay and no representation…. Trucking
DG says
So….the FMCSA mandates ELDs to make sure we are “resting when needed”
But the state of cali wants to give more breaks, and pay people for them, but the FMCSA says no?
Makes zero sense to me.
L. Blake says
Still so much to learn from truckers who’ve been there while I served 24 years active duty(Navy retiree)
So much of this is exactly what us veterans went through and yet still the head honchos dont give a good god dam about the people who make it go on a daily basis…
Sara says
Transport by drones , No driver required
Dan says
The trucking industry is going to be nothing but a memory in the near future. Trucks will be driving themselves therefore no need for DOT officers, so they will have to sign up for welfare because they sure is hell won’t be able to do a real job!
Voodoo says
Dont worry, pop your head in one of these truck driving schools. Theirs plenty of immigrants getn ready to take the job work for less, etc etc .