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Denham Amendment against truckers slipped in the 2018 FAA Reauthorization bill at 11th hour

Apr
19,
2018
9

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.

UPDATE:  Here is how the HOUSE voted on April 26th 2018 which passed.  Most Republicans voted with the ATA.  Here is how your Reps voted.

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.

Denham Amendment Vote No

Say NO to Denham Amendment in 2018 FAA Re-Authorization bill

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 Truth about Meal and Rest Breaks for Intrastate 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

The Truth About Trucking Network says NO to the Denham Amendment

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

Trucker Wages: The Devastating affects if Congress amends F4A

Open Forum- Vote NO! FAA anti-trucker bill and ELDs

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.

Federal Preemption update against Trucker Wages -The fight to be paid for all time

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.

Call 202-224-3121
Or
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.

InfoGraphic-STOP New Legislation-Truck Driver Wages at Risk.

 

 

 

 

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Discussions regarding Denham Amendment are included on the April 21st  Open Forum Trucking Discussion show on AskTheTrucker ‘Live”

© 2018, Allen Smith. All rights reserved.

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By: Allen Smith

Allen Smith is a 37 year veteran who started at an early age in a household goods family moving business. He began driving straight trucks in 1977 and moved to the big rigs in 1982. His experience within the industry includes; owner operator, company driver, operations manager, and owner of a long distance HHG moving business, taking many of the long haul moves himself when needed. Allen Smith, a truck driver advocate who is driven by the desire to help others succeed within an industry where injustice, unrewarded sacrifice, and lack of respect and recognition exists. Allen and his wife Donna are hosts of Truth About Trucking ”Live” on Blog Talk Radio. Other websites include AskTheTrucker, TruckingSocialMedia, NorthAmericanTruckingALerts, TruthAboutTrucking, and many Social Media websites. In 2011 Allen and Donna hosted the first Truck Driver Social Media Convention, designed to create unity and solutions for the trucking industry. This is now being extended through the North American Trucking Alerts network as those within the industry join forces for the betterment of the industry. Allen strongly supports other industry advocates who are also stepping up to the plate to help those who share honesty, guidance and direction. He believes that all those involved in trucking need to be accountable for their part within the industry, including drivers, carriers, brokers, shippers, receivers, etc… The list of supporters and likeminded people grow daily, networking together and sharing thoughts and ideas for the betterment of trucking. He has coined the popular phrase "Raising the standards of the trucking industry"

View all posts by Allen Smith →

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9 Responses to Denham Amendment against truckers slipped in the 2018 FAA Reauthorization bill at 11th hour. - Post a Comment

  1. clarence

    well what I say bout this deal ,well ATA is nothing but garbage in the first place all they care about is running us drivers and companies and also the owner Ops. Its bad enough that companies force drivers to the limit anyhow and the companies are getting way to big and putting the small ones out. Drivers we need to stop this garbage and stand up for what you believe in. We need to STOP this going through so lets start to put our foot down on this deal. WE ARE THE ONES THAT KEEP THIS COUNTRY MOVING (NOT THEM NUT HEADS OF ATA at all). Lets STOP this NOW.

  2. […] hard by the American Trucking Association (ATA), this is now the sixth time the Denham Amendment will be up for passing, having already failed the previous five times in other […]

  3. michael waldraff

    i just got your message on the denham ammendment. i have been driving for about 18 years, i would like to get more involved.please keep me informed.i will listen when i can. thanks allen.

  4. Jane

    I say no to the Denham Amendment! There has been enough put on the truckers now! It is completely over kill all the laws that are being pushed on them now! Every day there’s a new law! Some one has a grudge against truckers, especially the small companies!!! Enough is enough!!!

  5. Alex Samudio

    I just started truck driving 6 months ago (love the job, miss my family) and I am making this my career, we already lose enough with out laws taking more money from us!

  6. Joel waidner

    No im a trucker and i say no

  7. Brian Washburn

    Been out here 23 years, and its a Corporate America pushing and squeezing the life out of us drivers
    We basically work 140 hrs a wk, 70 of that is logged.
    All our time is spent in this truck, acting as a security guard to insure the load is safe, with no pay. Now they want to take away detention

  8. […] Denham Amendment against truckers slipped in the 2018 FAA Reauthorization bill at 11th hour […]

  9. […] including over regulation, low driver wages, affects of ELD’s, Hours-of-Service, the Denham Amendment,  CDL training and […]

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