An amendment has been attached to the House’s Federal Aviation Administration authorization bill that would prevent states from being able to enforce laws that require carriers to pay their drivers for non-driving tasks like paid meal and rest breaks.
Known as “the Denham Amendment,” it has been offered up – several times now over the past few years – by Rep. Jeff Denham (R-CA). The stated goal is to protect carriers from court-ordered payouts to drivers for non-driving tasks.
Currently over 20 states have laws governing paid rest breaks, but this amendment would ensure that the only rest break provision that would apply to commercial truckers is the FMCSA-mandated 30-minute break once every 8 hours. Supporters of the amendment include the American Trucking Association and the Truckload Carrier’s Association. They claim that states like California, which mandates that employers give their employees paid breaks every 5 hours, create a patchwork of regulations which should be simplified. Erasing a state’s ability to make their own labor laws would eliminate any inconsistencies.
But critics like OOIDA claim that the bill is too broad and would destroy any driver pay reform efforts – especially any attempt to make sure drivers get paid for non-driving tasks. It would also give carriers immunity from lawsuits brought by drivers over such issues.
“We oppose the amendment currently proposed for the FAA bill,” an OOIDA spokesperson told FreightWaves. “It is written too vaguely and would block future efforts to expand driver pay and ensure truckers are fairly compensated for all the time they work.”
The amendment was attached to the FFA bill by a vote of 222 to 193, but it’s not law yet. The bill it’s attached to still needs to be passed, and even if it is, the amendment might not make it that far. This wouldn’t be the first time the Denham Amendment has been attached to a bill only to be stripped out later on in the drafting process.
Source: overdrive, gobytrucknews, ttnews, thehill
Andrew H says
If it doesn’t increase our pay, leave it alone.
Anthoni DeLaCueva says
thats the problem, this amendment would allow carriers NOT pay you for NON Driving work. in other words if you are asked to do work that is outside of driving (keep in mind that you only get paid for miles driven and not to mention that you don’t get paid for hub miles) you as the driver will be required to do the work and NOT get paid for it.
Blue says
The trucking industry sure has an interesting way of dealing with its struggle to obtain and retain quality drivers.
Mack says
Great comment. I like your sarcasm.
Ron Wood says
Blue,you are right, they “Have their own way of doing things.”.
Bob says
Carriers know what it takes to hire and keep drivers. It’s the drivers responsibility to find the carriers that take care of their drivers. Do the research and the bad companies will go away!! If you’re a driver that can’t work for a good company….maybe you should go away too!!
Anthoni DeLaCueva says
Thats true, just ask yourself one question. what is your labor worth? if you want to work and perform tasks thru out the day or week and not get paid for it then that on the individual driver. I for one would like to get paid for everything that I do through out the day.
Juan Robledo says
Just like carriers to insist that provision be in place for their deliberate charade to cut out pay for drivers, anything to save them money and in the meantime screw drivers any which way, I’m glad ooida is stepping up on this matter
Anthoni DeLaCueva says
Lets tell it like it is. OOIDA only interest is for the owner operators and Carriers. they have no interest in helping the Company Drivers. But if you walk in to some truck stops you see some OOIDA Rep trying to sell you insurance that does nothing for you. As far as I know the Company Drivers don’t have a voice or any kind of representation from anyone company or organization.The Truckers Association was behind the big push for this amendment to pass. And to make matters worse this amendments was snuck in at the last minute on a piggy back ride of another bill. sneaky bastards. So for all Company drivers out there that are giving money to or buying any of these two organizations worthless programs cancel immediately and never give them any money.
Larry O says
Gee i’m really surprised to see the ATA, the anti trucking association, agreed with this. And by the way this is sarcasm
Anthoni DeLaCueva says
The ATA was the main organization or company that pushed this amendment thru. not to mention they did it in a sneaky way. all this amendment does is make it legal for Carriers NOT to pay drivers for their labor. ever here of the term “Theft of Labor”? by definition this amendment supports Slavery in the American Trucking Industry.
Samuel Gallezzo says
Just park the truck for a couple of days. The silence would be deafening.
grumpyolman says
Amen! Shut down our economy completely and people wouldn’t forget the “pinch”. Might even correct some of the 4 wheelers bad behavior and habits driving around big trucks 😉
restlesdon says
I think trucking companies pay people to sit around and think up shit like this.
If we are being MADE to take these stupid rest breaks then PAY US FOR THE TIME!!! I guess the old adage Time Is Money applies only to the board of the companies.Lets put Mr. Denham behind the wheel pulling a floor load @ 45000 lbs of non segregated Kraft cheeze.lets make him drive all night long
to get to the caves only to be met by an irate receiver who wants to fine the driver for checking-in 15 minutes early.People that never get anymore than pencil eraser on their shirt should STAY THE HELL AWAY FROM THE TRUCKING INDUSTRY!!!
Sincerely,
Restlesdon
Ron Wood says
restlesdon, people who have never been “pushed” to get a load there on time,after the order to pick up the load “was given to the driver late in the first place”, be allowed to make decisions about the driver’s ,and their runs. They have no clue what it takes.
Mark says
On the positive, the “lumper- labor force”will increase! If, I don’t get paid for any & all unloading? I wont do any & all!
Remember, after “hitting the docks”. I’m able to drop & unhook. Dr. To an empty (legal) parking space, & go off duty or sleeper berth!
Moma Pineapple says
I’m new to truck driving, but the industry isn’t new to me, however, I believe that truckers need to ban together for the protection of us all, good or bad. We need to make our voices heard loud and clear that we need protection from abuse and driver exploitation by some carrier companies, we work diligently to earn every penny we get, so we’ve earned the right for descent wages. Truckers should get trucked, especially when we’re the backbone of societies livelihood. Think of Truckers as Noah, driving as the Ark,
parked trailers as the 7 day flood, watch what happens, except in Noahs scenario it was a great renewal of things, for the general public it would be devastating because several businesses would layoff or fire employees, companies would be forced to shut down, people wouldn’t have jobs at big box stores to complain about, people wouldn’t have jobs in the middle and low income bracket and began to loose their homes and cars because they have no jobs because the Truckers the mass population hate so much have shown them how much we as Truckers really mean to society as a whole.
Anthoni DeLaCueva says
I believe that we should start by correcting our titles. the term trucker should be gone and replace with Professional Driver. The days of Smokey and The Bandit are gone. We are Professionals at what we do and we should own that title. Super Truckers, Outlaw Trucker and the sorts should be kept out of this profession. I consider myself a Professional Driver and I’m good at what I do.
Barney says
Does this mean I have to hang up my cowboy boots and belt buckle?
Argh
Haha
Tom says
Today with so called driver shortage, common sense would be not to take away from a driver. Hope I’m around long enough to see freight rottening on the dock.
Jason says
Gotta love that there’s a TRUCKING related amendment on an AVIATION bill. Any chance the government can get to screw us over, they jump right on it.
Anthoni DeLaCueva says
Yes, The sneaky Bastards over at the ATA snook the amendment in at the last minute. all company drivers should contact the ATA and let them know how we feel about “Theft of Labor”. Furthermore we need to contact our Congressman and let them know as well.
LarrydontLie says
Just like the suppression of minimum wage, Congress continues to now to corporate masters as it sticks it to working people.
Gerd says
Let us tell our government, that we want to have a bill , that any politican is paid only in the time he is representing us. Every time not working in the house/ Senate/ local voter meetings is not to pay, because it is his private amusement. Having a dinner with lobbyists is to log as off duty. No excuse to get paid for that.
Let us bring a bill in and reduce their payment. Only core work counts. Everything else is overpaid.
Anthoni DeLaCueva says
Also, as individuals we need to Not do any kind of work for carriers for free. if they want you to take the truck to a location to get serviced they need to pay you for the time. if they want you to take the trailer to get washed out they need to pay for the time and if you have to wash it yourself they need to pay you for it. We need to form a National Company Drivers Union!!
Barney says
I like it!!
Michael Morris says
Well, over the last 25 years I can’t count how many thousands of times I have did crap for free, had my checks be short hundreds of dollars, and I work at a place now that takes that 30 min break rule out of my pay every time I take the 30 min mandatory break, I have sacrificed enough! So has my fellow drivers! How about look out for us drivers and our families! Instead of taking from us every chance you get! Were away from our families a lot during the year to bring products into your home to make things better for you and your families! So how about show just a little appreciation and give a little to us! Not keep taking away! Thanks! And God bless you and my fellow truckers for all that you do! (Mike 25 years of trucking service)😁
Barney says
Thanks Mike!
Well written
Dutch says
I’m more concerned about these autonomous truck. They going to have a greater impact on on my earnings than this law will. We need keep an eye on the big picture.
Edward Nash says
When I was driving I thought it was unfair to pay a lumber $200.00 for unloading your freight and only pay you $50 to $60 to do the same job.