No overtime pay with some driving jobs?

I used to work for a NY based propane hauler, they did pay time and a half, but only after 54 hours in a week. I have been with the same agriculture company for 23 years, they are exempt from OT rules as they are a farm and drivers are exempt due to the federal rules. They still chose to pay time and a half after 40 hours in a week. We don't lose drivers very often even though its driver unload and its pretty physical work.

 

Senate bill 4823 ( Guaranteeing Overtime For Truckers Act) was introduced in September 2022. This bill is designed to amend the Fair Labor Standards Act of 1938 exempting truck drivers from receiving mandatory OT. It has yet to pass.

Sponsor: Sen. Padilla, Alex [D-CA] (Introduced 09/13/2022)
Committees: Senate - Health, Education, Labor, and Pensions
Latest Action: 09/13/2022 Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (Sponsor introductory remarks on measure: CR S4577) (All Actions)

Introduced in Senate (09/13/2022)
Guaranteeing Overtime for Truckers Act

This bill requires employers of commercial truck drivers to provide overtime pay to such drivers engaged in a workweek longer than 40 hours.

 

The scariest words that one can hear are
“I’m from the Government, and I’m here to help.”

 

in the 1930's there was a lot of abuse of drivers, there were even a couple movies made about it, "they drive by night" is one but the other one I can't remember. The feds stepped in around 1935 when we were moving towards fascism under FDR to regulate everything, the SC backed the idea that the Interstate Commerce Clause allowed them to regulated everything, including chickens and egg production on the local level.

Well one thing that was created was a means to stop the abuse of the drivers but there was a comprimised reached based on the Hours of Service, and that was no OT.

The states had no choice, the FDR administration told the states either they go along with all of these New Deal crap or else they will have funding held back. To be exact, both congress and FDR himself either restricted or eliminated a lot of money going towards states who fought back.

 

Everyone should get 1.5X your mileage rate for hours 9 through 11. It's only fair if that's what everyone else is getting. Why should truck drivers be any different?