Padilla, Markey Introduce Bill to Ensure Truckers Are Fairly Paid for Overtime Work
WASHINGTON, D.C. — As the country continues its economic recovery from pandemic-era supply chain disruptions, U.S. Senators Alex Padilla (D-Calif.) and Edward J. Markey (D-Mass.) today introduced legislation to ensure that truckers are compensated fairly for the hours that they are on the clock, including overtime. The Guaranteeing Overtime for Truckers Act would repeal the motor carrier provision of the Fair Labor Standards Act of 1938, which excludes many truckers from overtime protections enjoyed by other workers. The bill was introduced in the House by Representative Andy Levin (D-Mich.).
In response to an Executive Order by President Biden, the U.S. Department of Transportation issued a Freight and Logistics Supply Chain Assessment in February 2022, which highlights high turnover rates and compensation issues in the trucking industry. Among its recommendations, the Department called on Congress to repeal the motor carrier provision of the Fair Labor Standards Act of 1938.
“America’s truck drivers are on the frontlines of keeping goods and our economy moving. In fact, more than 70 percent of goods across the United States are shipped by truck,” said Senator Alex Padilla. “Unfortunately, the COVID-19 pandemic and the resulting supply chain crisis aggravated persistent hardships for truckers, including long hours spent waiting—often unpaid—to load and unload goods. As our nation makes historic investments in our port and supply chain infrastructure, I’ve introduced this legislation to improve wages and working conditions for these essential workers and build the foundation for good-paying, stable trucking jobs.”
“Truck drivers are the engines of our economy, ensuring that everything from consumer goods to commodities reach their destination on time,” said Senator Edward J. Markey. “Outdated labor regulations have denied these vital workers overtime, leading to high turnover and supply chain disruptions. Don’t be fooled by the trucking companies’ crocodile tears. There is a simple way to recruit and retain drivers: increase their pay. The Guaranteeing Overtime for Truckers Act does exactly that by eliminating the overtime exemption. I am proud to work alongside Senator Padilla on this legislation and am committed to ensuring that truck drivers receive the respect and rightful pay that they’ve earned.”
“It’s hard to think of many professions where employees must be on the clock but not fully compensated for their time, but this is the reality that many truckers face because of the FLSA overtime exemption,” said Todd Spencer, President & CEO, Owner-Operator Independent Drivers Association (OOIDA). “Shippers, receivers, carriers, and others throughout the supply chain hardly have to think twice when they push truckers to work 60, 70, or 80 hours in a week because they know they won’t have to pay overtime. Long hours and inadequate compensation are contributing to sky-high turnover rates in trucking, and repealing this exemption will help make progress on these problems. We applaud Sen. Padilla and his colleagues for standing up on this issue and making the repeal of this exemption a bicameral effort.”
“Every second Congress allows the FLSA Motor Carrier Exemption to exist, lives are recklessly and needlessly put at risk. I know firsthand the ultimate price that is paid by the failure to fairly compensate truck drivers for their time. We thank Senator Padilla for taking action to eliminate this lethal loophole. The GOT Truckers Act will undoubtedly save lives and substantially reduce truck crash deaths and injuries,” said Dawn King, Truck Safety Coalition President & Board Member, Citizens for Reliable and Safe Highways (CRASH).”
Senator Padilla is a longtime advocate of equal access to employment, fair wages, the right to organize, and improving workplace safety standards. As a California state senator, Padilla introduced legislation, which was subsequently signed into law, to compel hospitals to adopt a workplace violence prevention plan as a part of the hospital’s overall injury and illness prevention plan. In the U.S. Senate, he has been a strong proponent of the $15 minimum wage and cosponsored the Raise the Wage Act of 2021 to increase the federal minimum wage. He is also a proud cosponsor of the Protecting the Right to Organize (PRO) Act of 2021.
In addition to Senators Padilla and Markey, the legislation is also cosponsored by Richard Blumenthal (D-Conn.), Bernie Sanders (I-Vt.), and Elizabeth Warren (D-Mass.).
The legislation is supported by the International Brotherhood of Teamsters, OOIDA, the Truck Safety Coalition, the Institute for Safer Trucking, Parents Against Tired Truckers, and CRASH.
Full text of the bill is available here.
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