Guaranteeing Overtime for Truckers Act

Discussion in 'Trucking Industry Regulations' started by NerdTrucker, Sep 13, 2022.

  1. NerdTrucker

    NerdTrucker Bobtail Member

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    Guaranteeing Overtime for Truckers Act

    Does anyone know what if anything this bill does for the majority of milage paid drivers? I know a lot of the intermodal guys who were getting delayed days at ports were hourly paid, so it puts pressure on the shippers there, but does it effect the rest of us in any way, specifically are we going to have mileage pay change at the 40 hour mark? That would be weird, and could incentivize 40 hour weeks OTR, which I don’t want, rather have 3 60 hour weeks and 1 0 hour week away from the truck.
     
    Last edited: Sep 13, 2022
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  3. Ridgeline

    Ridgeline Road Train Member

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    This is not good, not because it isn’t needed in some cases, but because the way the bill removes the below paragraph which allows us to control how we work and leaves it open ended so many think this will extend to shippers who do their work and seemingly hold up trucks.

    The provisions of section 207 of this title shall not apply with respect to—
    1- any employee with respect to whom the Secretary of Transportation has power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49; or


    So let’s say that is removed, then drivers will have to be on hourly wages, their work hours may be cut and that will force owners also to look at how they are going to be dealing with short fall in pay.

    mileage pay will be a thing of the past.

    you work a straight 40 and shut down.

    by the way the politician is up for re-election and is just trying to pad his experience with the voters, he doesn’t do anything other then take up space.
     
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  4. bzinger

    bzinger Road Train Member

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    The government screws up everything they touch and I sure don't want them involved with my pay !
     
  5. ZVar

    ZVar Road Train Member

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    This has about piece pay work, which is what mileage pay is. It just means overtime will have to be paid over 40 hours. There is already guidance about this from other industries that pay piece pay and has to pay overtime.
    It has nothing to do with requiring hourly pay.
     
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  6. wis bang

    wis bang Road Train Member

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    This is real with hourly too.

    The Staggers act allowed truckers not to pay OT after 40.

    In the 80's I remember NJ addressing this with a mis-understood and therefore toothless law.

    As long as the base pay was more than 1.5 times the existing mimimum wage truckers were still exempt from paying overtime with some coversion factor for CPM.

    My last place, 40 years later, was paying OT after 50 but guaranteed 50 all LTL in the North NJ/ NYC area.

    The drivers barganed for a change to 45 so they took a cut in base pay on the few slow weeks every year to get OT 5 hours quicker on most weeks.

    Do other states have similar laws?
     
  7. Judge

    Judge Road Train Member

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    It’ll never work, they been talking that trash since the 70s.
    Never changed yet.
     
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  8. NerdTrucker

    NerdTrucker Bobtail Member

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    That’s my concern. I work 40, so 3 days, and shut down WHERE exactly for the next 4? 1600 miles from home? Market drives pay for us, so trucking companies adjust mileage pay so its the same with higher OT pay and lower standard pay. But then the companies are incentivized to hire all these people so they can pay less, so our paycheck shrinks and we’re sitting at truckstops miles from home on our 4 day “weekend”.

    The other thing is only hourly paid drivers log on duty waiting at shippers, mileage pay log off duty whenever they legally can to get more miles. Only hourly paid drivers will get paid for hours logged at shippers.

    what they need to do is change duty lines for logs: 1) 8 hour sleeping break 2) Off duty free/PC (driver can go where they want) 3) Off duty not free (driver can nap or do personal activities in bunk, but can’t leave) 4) on duty 5) drive

    Then mandate hourly pay for more than 3 hours in 3 or 4, in accordance with OT rules. Basically, shippers can detain trailers but not drivers, if they do they MUST be charged after reasonable live load time.
     
    Last edited: Sep 14, 2022
    Reason for edit: Incomplete
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