Drivers, we have 5 days to defeat the latest and 6th attempt by the ATA, who are determined to change Federal existing law (Federal Aviation Administration Authorization Act of 1994), by way of the Denham Amendment, into new law, negatively affecting how drivers are paid.
Tuesday April 24th is the deadline to make sure that the Denham Amendment is NOT added to H.R.4, the FAA Reauthorization bill.
Changing the Law to Preempt States Rights
There are states who have laws and believe that truckers should be paid for all their work, in addition to their miles driven. We’re telling government not to allow amendments to laws which were originally meant to deregulate freight ( 1994 FAAA ACT) p.37 TITLE VI—INTRASTATE TRANSPORTATION OF PROPERTY Sec 601
. The FAAA was not intended to regulate state labor laws, which is what the ATA is contesting.
The ( 1994 FAAA ACT) was not meant to preempt states labor laws so that drivers wages could be regulated.
After failing to have the poison Denahm/ Preemption language added to the recent Omnibus bill last month, the ATA and their powerful lobby have manged to get the Denham Amendment once again in the 2018 FAA Reauthorization bill.
What is the Denham amendment?
It is an amendment which would preempt states rights, states who protect employees, including truckers, ensuring they are paid for all time.
Some of these states allow for paid rest breaks. They also allow for short meal breaks ( not paid).
Drivers can waive these breaks however, they are not forced to take them, something which the ATA fails to tell drivers.
The Denham Amendment has once again been included in the 2018 FAA Reauthorization bill, where companies would be legally permitted to only pay drivers for the time they spend driving, despite the fact that drivers are required to spend a great deal of time performing non-driving duties in the fulfillment of their employment such as pre and post trip inspections, maintenance and loading and unloading ( Detention Time). This would put an end for any possibility of being paid for all time recorded as “on duty not driving”
The Denham amendment would preempt state regulations, state laws, and state court decisions, many of which have been on the books for decades, that protect workers, including commercial truck drivers from being exploited.
Watch the original video of Denham Amendment when it was first introduced Nov 2015
ATA has tried 5 times to slip this language in, to ensure that carriers will not be legally obligated to pay drivers for all time.: the 2015 Highway bill, 2016 FAA funding reauthorization bill, the 2017 omnibus funding bill, the Thud and DOT 2018 appropriation bills (when they were going piece meal) and the most recent 2018 omnibus funding bill.
Here is two of many radio shows we did concerning Denham language and the FAA
Carriers have lost many court cases, including state Supreme courts. The only way they beleive they can defeat this poison language is through Congress, just like they did with the ELD mandate!
Here is what OOIDA said about Preemption/Denham amendment language.
It would “unravel mandated fair-pay for drivers and would empower large carriers to further reduce driver wages.”
Drivers, don’t let them do this to you again! We must call our reps and tell them :
Do not allow the Denham Amendment in the 2018 FAA Reauthorization bill.
The ATA tells Congress that they are the voice of trucking! We do not agree. We hope you will call Congress and tell them that the ATA does not speak for professional drivers. Say no to the Denham Amendment.
Here is a link to every U.S. senator email and phone
Here is a link to every U.S.Representative
To learn more about the ATA’s relentless attempts to include anti trucker wage amendments in bills go to the info graphic and then scroll all the way down to the RELATED Links.
Discussions regarding Denham Amendment are included on the April 21st Open Forum Trucking Discussion show on AskTheTrucker ‘Live”
© 2018, Allen Smith. All rights reserved.