For at least the 4th time in recent years, legislation known as the Denham Amendment has failed to pass. Primarily concerning meal and rest break pay for truckers, critics say the amendment would have taken away states’ rights to enforce laws put in place to ensure companies pay fair wages to workers including truck drivers.
Named after Rep. Jeff Denham (R-CA), the amendment was added to the House version of the Federal Aviation Administration’s reauthorization bill. According to the amendment’s supporters, the FAA Authorization Act signed into law in 1994 is supposed to exempt trucking companies from having to follow the meal and rest break laws of individual states. The Denham Amendment would make that interpretation law.
“The argument [for it] is we work under one set of federal regulations, and that is hours of service,” TCA vice president David Heller told FreightWaves. “The goal is to make the rules uniform. If every state had different meal and rest break [rules] drivers would have to contend with each state’s rules.”
And while a patchwork of laws across different states does sound confusing, driver advocates say that the amendment goes too far in trampling on drivers’ rights.
According to OOIDA, the amendment “effectively provides motor carriers with a blanket federal preemption for any issue that a state might want to address to improve the lives of employee truck drivers.”
Even the state laws that the amendment was directly targeting are beneficial to drivers. California law for example requires drivers to be paid for some meal and rest breaks. It also requires employers to take mandatory non-driving tasks into account when calculating if a driver is being paid minimum wage. Lawsuits are currently underway which argue that this means that drivers must be compensated for non-driving tasks like loading and un-loading, pre- and post-trip inspections, completing paperwork, and detention time.
Large carriers have frequently been the targets of such lawsuits. In the past, they have had to pay out large settlements to their drivers and spend huge sums of money on legal battles which have sometimes lasted for years. That could at least partially explain ATA’s and TCA’s continued support for the Denham Amendment and similar legislation.
Source: congress, gobytrucknews, truckersreport, freightwaves, dcvelocity
Roger Williamson says
I would like to see a list of Congressmen and Senators who get money either directly or indirectly from large carriers and/or their lobbyists.
Ginger says
Exactly. Following the money trail always makes motives evident.
Sharon says
I’d like to see that list too, but the Koch brothers and NRA have proven that you can buy candidates.
Robert says
It’s not about lobbyist however I’d like to see that as well. The fact of the matter is that we operate under federal law. Even local drivers do. So having to comply with the rules of every state would require us to know the law in every state. I’m sorry but if I need to know all states pay and rest break laws I’m in the wrong business and I’m not getting paid for the knowledge either.
Eric D says
Not really. Local laws are usually used for local drivers. In Texas oilfield laws vary on time on duty and total driving time per day. As long as the driver stays in Texas they can work 15 per day, drive 12 with no lunch break. Alaska has laws that vary widely compared to the federal laws. The federal may be a blueprint for the state’s laws but they do vary.
Mark says
Wrong. Intrastate driver are regulated by that state’s laws. Interstate drivers are regulated by the feds.
Sharon says
Good point. Who wants to look up every state to see the rules? It should be uniform in any state.
I’d never go back to an OTR job though. There is just too much time you don’t get paid.
Samuel Gallezzo says
If your for the Denham amendment your an idiot.
Kevin Smith says
If it’s something the ATA wants and it benefits them then it is definitely not good for the driver!
Moving Forward says
It would be nice to see TTR provide an update on what’s happening with the per diem tax credits for truck drivers. There seems to be a lot of confusion right now about whether it is or is not still available for company drivers. Can you folks look into this?
Justin Wright says
It is not available for company truck drivers anymore with the new tax laws. The tax form will no longer exist. The only way a company driver is gonna get per diem is if the company pays it out to the driver in either a set amount per full day worked or cpm that is non taxable. Then the company can claim the per diem on the driver and get reimbursed on their taxes.
Sharon says
It’s not available any longer? Wow, I’d never be an OTR driver again. That’s a huge cut in drivers pay not to have that. They will pay a whole lot more in taxes if they don’t get to include per diem.
Get off the road and go local drivers. It’s not worth being OTR anymore.
Curt says
https://www.overdriveonline.com/irs-bumps-up-owner-operators-per-diem-allowance/
This article was in the trucker’s report a couple weeks ago should clear up some things for people.
Moving Forward says
Wow… there seems to be a whole lotta confusion surrounding the current per diem situation. I hope my tax guy gets back to me soon with his professional understanding, because I’m certainly reading a LOT of mixed messages for what is and what is not currently available for company drivers on this front. Needless to say, it would be nice to get this figured out before the year ends.
Bryan Johnson says
How much .ore compensation would be added? When you look at what we log for pretrip, post trip, loading and unloading, all of which drivers show 15 min each on line 4 (if they know how to log), that’s just an hr. How much more would have been paid?
Madeleine says
Im more concerned about the fact that we work 70 hours a week just drive side and time and a half is not calculated into the formula….
randy says
Well if they want drivers to work according to FAA rules let’s take it all the way and follow the Pilots on duty rules,During 365 consecutive days, pilots cannot exceed 1,000 flight time hours.It breaks down to 30 hours of flying per week.
Sharon says
I doubt if drivers would agree to or want that. If they could even the playing field for companies with OTR drivers so all companies would have all their rules and compensation up front, including benefits, that would benefit drivers.
Steven Stark says
If we are ALL on electronic logs, then we should be paid by the hour, with OVERTIME. We work 14 hour days… Also, per Diem should be paid for every day away from home, even if you are on a restart. Also, EVERYDAY away from home is a paid day…
Sharon says
That’s a great post because it would even the playing field. If I went by those rules when I was OTR, I’d be much richer than I am now and I’m sure my dispatchers would have gotten on the phone with companies like Heinz, who thought it was just fine to let drivers sit 8 hours for a load.
Gallo says
We get paid for that stuff if you work for a good place. It may say it on your check but
I am going to gross 95K this year we are not being cheated.
Gallo says
May not say it on your check
Gallo says
We get paid for that stuff if you work for a good place. It may not say it on your check but
I am going to gross 95K this year we are not being cheated.
Edward says
They will never fix the trucking issue in the United States. It is to slave shop of this country. They should be paying by the hour like everywhere else. Truckers should get paid vacation paid sick time and paid holidays. Like every other occupation in the United States. They take advantage of the American truck driver like we are illegal immigrants. That is a true crime in itself.and they have gotten away with it ever since deregulation. Companies make money hand-over-fist. They never pass it on to the driver they trickle it.I’ve been driving truck since 1997 and I finally gave up. I should have done this years ago. I have been through three marriages and my children don’t even really know me just to try to put food on the table. They should pay $30 an hour for truck drivers. If everyone was just returning their keys and say here you go find a monkey to do it. Because all they pay you nothing but peanuts and bananas. We should Stand United and don’t give in. Aren’t you guys tired of being railroaded. Aren’t you guys tired of not getting paid the proper pay.aren’t you guys tired of not getting any vacation or sick time. Aren’t you guys tired of not getting any holiday pay. Yet everyone in the office gets these things in the trucking field. Except for the one that matters the most the truck driver. They will get theirs on Judgement Day how unfair they were to the people that really need it.