The ATA is at it again! Numerous attempts have been made to slip in at the 11th hour, legislation imposing Federal regulations over State Rights which protect trucker wages. Voting will take place prior to March 23rd.
If passed, this latest anti-trucker wage preemption language would put an end to drivers ever having to be paid legally for ALL time, including excessive detention time.
The ATA is NOW sending out a CALL to Action for everyone, including their members, and even drivers, to contact their Senators and Representative, requesting that they KEEP the anti- trucker Preemptive “Denham Language” in Section 134 of the House passed Transportation, Housing & Urban Development (T-HUD) appropriations bill in the final spending package.
Those supporting the anti-trucker Preemption language in SECTION 134 of T-HUD bill are; American Trucking Associations, the 50 ATA- affiliated state trucking associations, the National Private Truck Council, the Truckload Carriers Association, and the Truck Renting and Leasing Association.
This is the 4th time the ATA has attempted since 2015 to get this language in a bill for the sole purpose of ensuring truckers will not be paid for anything more than their piece work wages, such as cents per mile.
Basically what the ATA is stating, is that States have NO RIGHT to tell motor carriers that their drivers must be paid for all time, including waiting, detention, paperwork and all non driving tasks. This is based on the distortion of what they say “Congress intended” to mean in the H.R.2739 Federal Aviation Administration Authorization Act of 1994 49 -USC 40101 P. 37 of 39 — Title VI Intrastate Transportation of property
Sec 601 Preemption of Intrastate Transportation of property.
When the carriers went to court with this argument, the Federal Courts sided with the drivers on numerous occasions. The ATA then decided to got to Congress, (just as they did to get the ELD mandate approved), so they could have the Denham- Preemption language included in numerous bills.
This most recent attempt is in section Section 134 of the House passed Transportation, Housing & Urban Development (T-HUD) appropriations bill in the final spending package. p43 of 123.
We have written about this numerous times along with other truckers and organizations who understand the seriousness and repercussions of this bill’s language, should it be included. Here are a series of videos drivers have created talking about the attempted ATA wage theft legislation
The ATA is using every tactic they can find, including telling drivers and those in Congress that it is only about Meal and Rest Breaks. It is not. It is about preempting states rights and states’ labor laws which prevent carriers from exploiting their drivers. Drivers do NOT have to take these breaks, but they do have to be paid for rest breaks. Meal break time is not paid for.
OOIDA also had strong opposition against the language in the article Aviation bill would reemphasize federal authority over states’ regulation of truckers’ hours, pay
OOIDA took issue with the provision’s potential impact on driver pay, calling it “an ambitious overreach that would limit the states’ ability to allow for any other driver compensation except mileage pay. OOIDA stands firmly opposed to this language.”
Further, OOIDA said, the language would “unravel mandated fair-pay for drivers and would empower large carriers to further reduce driver wages.”
Every driver KNOWS that being governed by a 14 hour clock while being paid by the mile is BS. They have been fighting the 14 hour HOS rule for many years now, believing they deserve to be paid higher wages, including all time worked on duty-not driving.
If the language in Section 134 is allowed to remain in the House Transportation, Housing & Urban Development (T-HUD) appropriations bill in the final spending package, it will put an end for drivers to ever expect to be legally paid for all time. Listen to why they are trying so hard and spending so much to make sure this language is included!!!
CALL YOUR REPS and EXPLAIN: As Congress works to finalize the fiscal year (FY) 2018 spending bills before the upcoming March 23 deadline, truck drivers have a short time to compel Congress to EXCLUDE language which distorts the interstate commerce preemption provision of the Federal Aviation Administration Authorization Act of 1994 (F4A)
(H.R.2739 Federal Aviation Administration Authorization Act of 1994 49 -USC 40101 P. 37 of 39- Title VI Intrastate Transportation of property
Sec 601 Preemption of Intrastate Transportation of property.)
The Federal Aviation Administration Authorization Act of 1994 had NOTHING to do with driver wages. The intent of the 1994 Federal Aviation bill was designed to prevent states regulation of FREIGHT, not to regulate state labor Laws. The Circuit Courts and the CA Supreme Court has confirmed this during lawsuits between motor carriers and drivers, MANY TIMES. The Carriers Lost. Now the trucking industry wants to bypass the courts and go directly to Congress in order to exploit drivers once again. Same tactics used as ELD mandate.
Time is RUNNING OUT. Even though the vote may not occur before March 23, lawmakers and their staff are actively crafting the final bill now, They need to hear from their constituents. YOU Reach out to your elected officials today 202-224-3121
Call your reps and tell them NO to the Federal Authority language in SEC 134 of the House passed Transportation, Housing & Urban Development (T-HUD) appropriations bill in the final spending package, which would over ride states rights to pay drivers for all time. 202-224-3121
© 2018, Allen Smith. All rights reserved.