Ask The Trucker

Raising the Standards of the Trucking Industry


Truck Drivers bring Hot Legal Topics at GATS

Aug
8,
2018
0

HOT LEGAL TOPICS for Truck Drivers during the Great American Truck Show at the Truckers News Stage on August 23, 2018 at 3:30 PM
America Strong Stage (Hall A)

GATS Stage Schedules

Workplace Rights , Protections and Free Ice Cream

The REAL Women in Trucking organization will host a Free Ice Cream Social during a “Hot Legal Topics for Truck Drivers” event that will feature three top lawyers that fight for the rights of drivers. Craig Ackermann, Esq. , Joshua Friedman, Esq. , and Paul Taylor, Esq.

Topics to be discussed:
Unpaid Work Time:
Detention, Meal and Rest Break Legislation and Litigation
Missclassification of Truck Drivers
Trucking School Fraud
Sexual Harassment and Discrimination
Truck Driver Whistleblower STAA
Refusal to Drive Protections & Remedies

A Facebook Event Page has been created to provide additional details: Ice Cream Social – Hot Legal Topics for Truck Drivers

Hot Topics Law Firms at GATS

Craig Ackermann, Esq. www.ackermanntilajef.com
Mr. Ackermann has been an advocate for truckers rights such as: individual, representative and class action litigation, including unpaid and on-duty rest period class actions, PAGA penalty misclassification cases, non-reimbursed business expense class actions, unpaid overtime class actions, and multi-plaintiff sexual harassment cases. He is presently additional Counsel for New Prime inc., vs Dominic Oliveira
Read more about this case here https://www.publicjustice.net/case_brief/oliveira-v-new-prime-inc/
SCOTUS Blog
Craig has been a guest explaining the Denham Amendment and other trucking issues affecting truckers on radio shows such as AskTheTrucker Live and Sirius XM  Road Dog Trucking radio.


Joshua Friedman Esq
.
www.joshuafriedmanesq.com
Mr Friedman’s practice is limited to sexual harassment, racial harassment and other types of harassment, at work and at school, and class action discrimination cases.  He is presently best known among the truck driver community for his ongoing CRST sexual harassment case.
More info about this case and sexual harassment
Surviving the Long Haul
Trucking Firm Said to Shrug at Sex Assaults
Sexual harassment lawsuit against long-haul trucking company in the age of #MeToo

A Big Win in Court for Female Truck Drivers in Sexual Harassment Case
Unsealing Court Records
We WON! Motion to Intervene in CRST Van Expedited Sexual Harassment Class Action Case

Paul Taylor Esq. www.truckersjusticecenter.com
Mr. Taylor has been helping workers resolve their employment-related problems for more than 20 years. Truckers Justice Center levels the playing field for workers who have suffered wrongful termination, discrimination, lease violations, DAC reports, or have been harassed or subjected to retaliation because they blew the whistle on illegal practices.
Paul is known throughout the trucker community on Social Media and via his educational Truckers Justice YouTube channel.

The Ice Cream Social learning event HOT LEGAL TOPICS for Truck Drivers will take place during the Great American Truck Show at the Truckers News Stage on August 23, 2018 at 3:30 PM.

RWIT President Desiree Wood, a truck driver herself encourages all drivers and those who support them in their advocacy campaigns to create an improved workplace culture to attend this important event.

The issue of sexual harassment is just one of the issues affecting truck drivers that will be discussed. Legislation that affects unpaid work time like detention, meal and rest break cases, Missclassification of truck drivers, Blacklisting from future employment, Trucking school fraud, Truck driver whistleblower protections under the Department of Labor Surface Transportation Assistance Act (STAA) that allows for refusals to drive and remedies in certain situations and the current arbitration clause case overview.

“In the era of #MeToo and #TimesUp , it is about time says Wood that trucking begins to have a meaningful discussion surrounding sexual misconduct in training fleets and how we must learn about our rights and hold those who violate them accountable.

The REAL Women in Trucking booth at GATS is #948 for the duration of the show. The Ice Cream Social with HOT LEGAL TOPICS for Truck Drivers will happen on Day One of the truck show on the truckers news stage beginning at 3:30 PM August 23, 2018.
America Strong Stage (Hall A)

REAL Women in Trucking, Inc. is a 501 (c)(6) driver organization formed by working women truck drivers. Their mission is:

To deliver highway safety through leadership, mentorship, education, and advocacy.

Please contact Desiree Wood for more information 561.232.9170

info@realwomenintrucking.org

 

 

Technorati Tags: , , , , , , ,

Share

Watch out everyone-The brotherhood of trucking is back

Jul
27,
2018
0

How many years have veteran drivers been asking the same questions:
Where has the brotherhood of trucking gone?
WILL TRUCKERS EVER UNITE?

It appears the moment for Brotherhood and Unity is approaching. This October 4-6, truckers will be coming together in unison, displaying their brotherhood and unity in Washington DC.

Their goal for this big event is to articulate driver frustrations and grievances with government officials ( FMCSA), injustices which have been imposed upon truckers, including over regulation, low driver wages, affects of ELD’s, Hours-of-Service, the Denham Amendment,  CDL training and more.

How ELD mandate combined with Anti-Trucker wage provisions leads to wage reduction

ELD orMe

Truckers head to Washington D.C. for October 2017 protest

 

This display of Unity and Brotherhood is the 2018 event,  Thats A Big 10-4 On DC
which will take place at the 1 year anniversary of the 2017  ELD Trucker protest to Washington D.C .  Those who led the protest in 2017 were the groups: ELD or Me and Operation Black and Blue, Now called American Trucking Federation. Both of these groups continue to be active on Facebook, continuing to post their advocacy, initiating, supporting, and promoting their messages and others on Social Media.
Tony Justice who founded the ELD or Me group has since founded the website TruckerNation.org

Brian Brase is the key founder for this years 2018 DC event and FB group.  There are many loyal and proactive members and co-leaders in this group, as can be said about the other trucking advocacy groups.  A special recognition goes to Fred Bowerman, a non trucker who has passionately become an inspiration and promoter of unity within many of the trucking FB groups.
FB group That’s a Big 10-4.
Website is Ten Four DC

Big 10-4 Event

Groups uniting to participate in That’s a Big 10-4 Event October 4-6 2018 in Washington D.C.

How Truckers United for the October 4-6 DC Event

Along with the passion and hard work of so many, Social Media is greatly responsible for this huge movement of truckers uniting. As truckers emotions rise, so does their willingness to openly express their anger against the injustice which has occurred in the last few decades. Emerging from their passions, emotions, anger, is the ability to share their thoughts and ideas on Social Media. The result has been MANY truck driver groups emerging, especially on Facebook.

However, one of the initial problems with having hundreds of trucking groups on Facebook was the initial lack of organized unity.  Thousands of drivers would be discussing pressing issues, venting their complaints, planning solutions, planning individual events, all trying to create positive change and exposure, BUT it was AMONG THEMSELVES in each group.  Many of these groups have hundred or thousands of members, and yet their efforts remained just within their own groups.

What would happen if these groups ever came together for the That’s a BIG 10-4 Event to Washington?
ANSWER is…..UNITY!

There are many Facebook trucking advocacy group leaders which have made it a point to join forces together for the Oct 4th “That’s a Big 10-4 on DC” event.

One of the trucking advocacy group leaders, who has voiced the need to unite and join the That’s A Big 10-4 on DC event, is John Allen Eppley of LifeOnTheRoads.  (His website is Life On The Roads. ) John creates daily videos expressing the need to unite, the need to stand for what you believe in, and how to be proactive. Power is in numbers and LifeOnTheRoads group members agree.  You can watch one of his videos here.

Another vocal truck driver advocate is Charles Claburn who is active within many of the groups and shares videos often, promoting unity, understanding the issues, being proactive, brotherhood, and calling your Reps.  You can watch his video here.

We could go on and on about all the inspiring groups and people who passionately share their messages, videos, and information to others. Hats of to ALL of YOU! I wish I could name each and every one in this post.

Below are a list of groups Facebook trucking groups which have committed to support the October 4-6 That’s A Big 10-4  on DC event.  The list is growing daily as word spreads through Twitter and Facebook.

 

Black Smoke Matters
Strolling the Boulevard
Monday Information
LifeOnTheRoads
2 Scoops of Trucking
ELD or me
United States Transportation Alliance
Trucking across America w/ the Schmitt’s
Kentucky Drivers Association
Outlaw Truckers Shine On
The “Outlaw Lounge”
Roll Cool Customs
Roll Cool Customs Classifieds
Independent Truckers All Out
True Blue Truckers 1%
MyRiteLoad
Texas Drivers
East Bound & Down
Ol Skool Unity Truck Show 2018
Truckers Union built by truckers for truckers.
E & D Trucking LLC.
McClary Trucking
United Driver’s Association of America
Blood Line Carriers
Ohio Drivers
New York Drivers
East Coast Large Cars United
Truth About Trucking LLC

trucker convention

2nd Annual Truck Driver Social Media Convention Kansas City, Mo

Ironically, 7 years ago come this October, the goal to Unite Drivers and Have their Voices Heard emerged at the First annual Truck Driver Social Media Convention.  It was the hope of this event in 2011,  through the Power of Social Media, drivers would unite, share their ideas, spread their message to the general public, and create positive change for the professional driver.

Social media to promote trucker rights

After 7 years, through the power of Trucking Social Media, the seeds have taken root and the fruit has emerged. UNITY is HERE!!
2 year conventions of 2011 and 2012,   Highlight videos and photos.
2011 Truck Driver Convention Highlight
2012 Truck Driver Convention Highlight
Photos

Media Blitz by Monday Information Group

In an effort to bring awareness of trucking issues to the general public, Monday Information trucking advocacy on Facebook, pushed a Media Blitz across the nation.
Here are a few articles highlighting those who continue to work tirelessly for the betterment of others.

Dec. 4 anti-ELD mandate rallies taking place across the country

‘They better start listening to us’: Brian Babin reiterates need for executive order to delay ELDs

From left: MyRiteLoad’s Matthew Kane; truckers Doug Hasner, Joe Alfaro, John Grosvenor and Lisa Schmitt; Senator Ted Cruz; truckers Shelli Conaway, Lee Schmitt, Dave McCauley, and Brandon McCauley

Technorati Tags: , , , , , , ,

Share

The big connection: driver shortage, ELD’s, and trucker wages

Jul
22,
2018
4

I’m  tired of hearing the term  “driver shortage”!
I’ve been listening to this now for 3 decades or more and frankly, myself and just about every other veteran driver, knows that the driver shortage has been just a way to lure many into an industry which has no intentions of doing what it takes to retain them as a valuable or respected employee.

Here’s a throwback about the trucker shortage.  Has anything much changed?
Real Solutions to the Truck Driver Shortage

driver wages

The Evolution of the Driver Shortage, Trucker Wages, and Safety

In the past, claiming shortage allowed for a huge influx of applicants, hoping to earn the falsely advertised “$100,000/year with little training time required  and only a high school diploma.”  However, once lured, these new drivers realized ( after paying thousands for a CDL license) that they would only be used as a low paying “team driver”, driving with a trainer ( many times with little driving experience themselves), while they earned 20 cpm.

Most new drivers lasted less than 1 year. Retention of new drivers was low and turnover was high.  To add insult to injury, the carriers and schools were subsidized by the government,  participating as part of exploiting new driver- low wage business model.  In 2007 we blew the lid off of these unscrupulous tactics with the website Truth About Trucking.

Today, the trucking industry continues to have an almost a 100% turnover rate. That’s a lot of people entering and then leaving the industry. So for every job, 2 people quit. Again, a retention problem, not a driver shortage problem.  Although everyday we read about the reasons for the driver shortage in just about every trucking, business, and news outlet media, few have accurately defined the top reasons nor  realistic solutions.

The first question that came to mind, What is the definition of a driver shortage, and who is defining it, the driver or the carrier?

It is the definition of truck driver shortage, which will also shape and define the cause and effects of the shortage, as ones perception of cause will also ultimately dictate their solutions for the shortage.   Defining the Truck Driver Shortage and the “Qualified Driver”

A drivers’ definition of a truck driver shortage “A lack of drivers willing to work for low wages”
The ATA and Carriers’ definition is , “A driver shortage is a lack of qualified  drivers willing to enter the trucking industry”

So who is right, the driver or the the ATA?  Let’s look at the facts.
We can prove that the drivers are correct as drivers haven’t received a significant pay raise in over 30 years.  Yes, carriers are making an attempt to change that now, but is 5-15 cpm increase enough? I don’t think so.  Here’s an inflation calculator.

In 1980, the average trucker in America was making an annual salary, adjusted for inflation, equal to more than $110,000 today. Twenty-five years later, truckers make on average about $40,000 a year, working harder, longer hours, and with less job security.

Driver Productivity Increases as Wages Plummet

How can the ATA argument be correct? They claim that not enough qualified people are entering the trucking industry to make up for the aging trucker pool leaving.
But if the turnover rate is nearing 100%, then that means there are plenty of people entering, they’re just not staying.  It’s a Retention Problem.

This comment here by ATA is comical
“It’s as bad as it’s ever been to find drivers,” Bob Costello, chief economist at the American Trucking Association, told the Washington Post. , “”Companies are doing everything they can to make drivers happy: increasing pay and getting them home more often, but that means they aren’t driving as many miles.”
Well here’s a thought Bob, Pay them for all their time, NOT just the miles they drive, INCLUDING detention time… AND stop lobbying Congress with the Denham Amendment so you won’t have to pay them!

If companies are doing “everything possible to make drivers happy” Then why has the ATA lobbied 100’s of thousands of dollars to ensure that drivers do NOT have to be paid for ALL time worked?
The
#denahmAmendment being voted on in FAA bill ( in July or August) in Senate will do just that if allowed to be included in FAA bill..Pay drivers ONLY miles driven. This means approximately 30-40 hrs per week of unpaid time, including #DetentionTime.

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


The pittance increase of 5-15 cpm does little to bring drivers up to 2018 wages.

Recently, here’s what Chief Economist Bob Costello of the American Trucking Association (ATA) has to say ( justify) about the shortage, high turnover, and low retention rate of truck drivers.
“The uptick in turnover is consistent with continued tightness in the market for drivers,” Costello said. “Anecdotally, carriers continue to struggle both recruiting and retaining quality drivers – leading to increasing wages. Costello goes on to say, “Turnover is not a measure of the driver shortage, but rather of demand for drivers,”
Costello claims, “We know that as freight demand continues to rise, demand for drivers to move those goods will also rise, which often results in more driver churn or turnover. Finding enough qualified drivers remains a tremendous challenge for the trucking industry and one that if not solved will threaten the entire supply chain.”

The above ATA statement doesn’t even make sense.  Increased freight requiring more drivers to move freight.  Driver turnover is a totally different issues.
One is available freight from which there is revenue to pay drivers, the other is available drivers not willing to accept conditions beneath their job duties, sacrifices, and skill. This includes low wages and lack of respect. 

So what is the ATA solution?  Here’s one. Lure 18 year olds into the trucking industry.

DRIVE Safe Act,  H.R.5358  as one of the ways to address the driver shortage in the trucking industry-On March 21, 2018, the House Transportation and Infrastructure Committee introduced a bill that could change that. The Developing Responsible Individuals for a Vibrant Economy (DRIVE-Safe) Act would lower the interstate commercial motor vehicle driving age to 18.

How do ELD’s affect the Driver Shortage?



Many suggest that the ELD mandate has caused many to leave trucking, increasing the “Truck Driver Shortage”.  The ELD mandate which enforces the Hours of Service rule and its much detested 14 hour clock. The Electronic logging device rule forces truckers to install digital devices in their semi-tractors to track their driving time, ensuring they drive no more than 11 hours a day within a 14-hour workday. Drivers must then be off duty for 10 consecutive hours.
There is a problem however. SAFETY. When you pay a driver by the mile, then govern them by a clock, and then have them wait at loading docks for hours and hours without pay, you create unsafe situations. Drivers are now racing the clock to earn a living.
Read more The Evolution of the Driver Shortage, Trucker Wages, and Safety

But wait! Here’s a bill that will study that.
H.R. 6159 (Congressman Kevin Cramer) – To require the Secretary of Transportation to conduct a study about the impact of electronic logging devices and report the findings to Congress. Conduct a study to determine how many “employees” (as defined by section 31132 of title 49, United States Code) who must comply with the electronic logging device requirements issued pursuant to section 31137(a) of title 49, United States Code, have ceased being operators of a “commercial motor vehicle” (as defined by section 31132 of such title) as a result of such requirements

The following bills have been introduced by the House to address the negative affects of the ELD mandate

**H.R.5417 (Congressman Brian Babin) – This Act may be cited as the “Responsible and Effective Standards for Truckers Act” or the “REST Act”.

(1) a covered driver may suspend an on-duty period of the driver by an amount of time that is equal to a single off-duty rest break carried out by the driver during such on-duty period, provided the suspension—

(A) does not exceed 3 hours; and

(B) does not extend the total drive time limits contained in section 395.3(a)(3) of title 49, Code of Federal Regulations; and

(2) no other requirements relating to rest breaks during an on-duty period, including the requirement specified in section 395.3(a)(3)(ii) of title 49, Code of Federal Regulations, apply to a covered driver.

H.R. 5948 (Congressman Collin Peterson) – Small Carrier Electronic Logging Device Exemption Act of 2018-To exempt motor carriers that own or operate 10 or fewer commercial vehicles from the electronic logging device mandates, and for other purposes.

H.R. 5949 (Congressman Collin Peterson) – Agricultural Business Electronic Logging Device Exemption Act of 2018. This bill creates an exception to the electronic logging device requirements for certain motor carriers engaged in agricultural business.

H.R. 6079 ( Congressman Ted Yoho) – Transporting Livestock Across America Safely Act-The Secretary of Transportation shall amend part 395 of title 49, Code of Federal Regulations, to ensure that, in the case of a driver transporting a covered animal within a 300 air-mile radius from the point at which the on-duty time of the driver begins with respect to the trip—

H.R. 6178 (Congressman Rick Crawford) – “Honest Operators Undertake Road Safety Act” or the “HOURS Act”.  To amend the Motor Carrier Safety Improvement Act of 1999 with respect to exemptions from certain motor carrier regulations, and for other purposes.

H.R. 3282– Introduced by Brian Babin R-Tex July 2017 the ELD Extension Act of 2017, to try and get some relief from the ELD mandate by delaying it for two years.

Request for Exemption of ELD’s have also been submitted by OOIDA and SBTC to the FMCSA

Hours of Service of Drivers: Application for Exemption; Small Business in Transportation Coalition

Hours of Service of Drivers: Application for Exemption; Owner Operator Independent Drivers Association, Inc.

So the question is this, If drivers were paid what they were worth ( INCLUDING being paid for ALL time), treated with more respect by their employers and customers, and offered realistic benefits, would there be:
1)  A Driver Shortage
2) Lower Turnover
3) High Retention
4) Such a disdain for ELD’s?

Here’s a question we offered drivers last month on FaceBook.
How much do you think the average OTR DRIVER should be Earning/ year?
There were many replies

 

Technorati Tags: , , , , , , , , ,

Share

House bill offers truckers long sought exemption and relief from ELD mandate

May
29,
2018
1

ELD exemption in House bill 5948- The Small Carrier Electronic Logging Device Exemption Act of 2018 – could be the ELD relief truckers have been seeking

Truck drivers are in the midst of 2 of the most heated and pivotal battles of all time-
The ELD mandate and the Federal Authority trucker wage provision.


1)  The ELD mandate which enforces the Hours of Service rule and its much detested 14 hour clock. The Electronic logging device rule forces truckers to install digital devices in their semi-tractors to track their driving time, ensuring they drive no more than 11 hours a day within a 14-hour workday. Drivers must then be off duty for 10 consecutive hours.
There is a problem however. SAFETY. When you pay a driver by the mile, then govern them by a clock, and then have them wait at loading docks for hours and hours without pay, you create unsafe situations.
Read more The Evolution of the Driver Shortage, Trucker Wages, and Safety

2)  The Federal Authority provision known as the Denham Amendment or F4A , which if passed in the 2018 FAA Reauthorization bill and THUD bill that they are currently in both House versions, would minimize and limit trucker wages by way of a New Federal Law
Read more The war on Truckers, States’ rights, and American wages.

Though the above mentioned attacks on truckers are different, the passion behind both issues have grown stronger in the last 2 years.  The most common phrase is “Enough is Enough”

The ELD mandate
The electronic logging device (ELD) rule was congressionally mandated as a part of MAP-21. Compliance deadline was Dec. 18, 2017 while enforcement of the mandate took effect on April 1, 2018.

An electronic logging device is used to electronically record a driver’s Record of Duty Status (RODS), which replaces the paper logbook some drivers currently use to record their compliance with Hours of Service (HOS) requirements

Bill H.R. 5948 offers long sought relief from ELD mandate for Truckers, especially Owner Operators and Independents.

Interstate truck drivers around the country have been protesting the new regulation for many months citing concerns of safety, additional cost, adding to the already intense truck parking shortage, unreliability of the new technology(self certification), and driver privacy concerns.

Bill H.R. 5948 offers long sought relief from ELD mandate for Truckers, especially Owner Operators and Independents.

 H.R. 5948 The Small Carrier Electronic Logging Device Exemption Act of 2018

A bill, The Small Carrier Electronic Logging Device Exemption Act of 2018, was filed May 23rd in the U.S. House that would, if passed, would exempt trucking companies with 10 trucks or fewer from compliance with the U.S. DOT’s electronic logging device mandate permanently.
Although many exemptions have been filed regarding the ELD mandate, this is the first attempt in Congress, specifically exempting small carriers and independent owner-operators from the ELD mandate.

H.R. 5948 is bipartisan legislation introduced by  Reps. Collin Peterson (D-Minnesota) and Greg Gianforte (R-Montana).  Together they have have introduced two pieces of bipartisan legislation to relieve certain sectors of the trucking industry from the Federal Motor Carrier Association’s electronic logging device (ELD) mandate.

“Electronic logging devices are another layer of unnecessary red tape that continues to tie up truckers and puts livestock and Montana livelihoods at risk,” Gianforte said

“This legislation will eliminate costly and time-consuming regulations for small trucking companies and individual owner-operators, who constitute much of the rural trucking industry.” Peterson said.

49 U.S. Code § 31315 – Waivers, exemptions, and pilot programs

According to the truckers.com website, the SBTC filed a class exemption application with FMCSA seeking to exempt motor carriers with 50 or less employees on November 20, 2017. That application was later supplemented at the request of FMCSA on February 1, 2018.
The Small Business in Transportation Coalition (Truckers.com) Endorses the ‘‘Small Carrier Electronic Logging Device Exemption Act of 2018’’ (HR 5948) Bill

The Owner-Operator Independent Drivers Association in November petitioned FMCSA to allow small business truckers — those with less than $27 million a year in revenue, as defined by the Small Business Administration — with strong safety records to continue to run on paper logs for five years beyond the December 2017 compliance deadline. FMCSA has not yet issued a decision on OOIDA’s waiver.
OOIDA also appears to be in support of the bill.

The Small Carrier Electronic Logging Device Exemption Act of 2018 will completely exempt businesses which operate ten or fewer trucks from the requirements of the ELD mandate, and the Agricultural Business Electronic Logging Device Exemption Act of 2018 will completely exempt agricultural businesses.

Information regarding the ELD mandate can be found at TruckerNation.org
TruckerNation.org is a website founded by singer-song writer and trucker advocate Tony Justice.
Trucker Nation MISSION STATEMENT
TruckerNation.org is a one stop shop where truckers can become better educated, engaged and efficient in understanding relevant industry matters no matter age, race, gender, ethnicity, or affiliation.

 

 

 

 

Technorati Tags: , , , , , , , , , ,

Share

The War on Truckers, States’ Rights, and American wages

May
17,
2018
1

The war on Truckers, States’ rights, and American wages.
The
Federal Authority Provision

Preempting States’ Rights to Control Wages is Wrong. Today it’s TRUCKERS, tomorrow it could be YOU!


The American Trucking Association (ATA) has lobbied furiously to create Federal law which will ensure drivers work 30-40 hr/wk without pay. It’s dubbed the Federal Authority Provision

We need a surge of truckers and FAIR WAGE SUPPORTERS to call Washington NOW!

We were told by those in Washington that it will take another surge of drivers (and those in support of state rights and fair wages) to call their Senators & Reps stating they are against the Denham and Fischer Amendments in the 2018 Federal Aviation Administration reauthorization bill ( FAA bill).

Besides being able to have the amendments added to the FAA bill, the ATA has now managed to have the Denham amendment added to yet one more bill.  The House’s Appropriations Committee on 5-15, unveiled a bill which included the Denham provision and would fund the Department of Transportation through the 2019 fiscal year.
READ IT!  The T-HUD bill includes Denham language Page 48 SEC 133

It is imperative you tell them that the American Trucking Association (ATA) does not speak for drivers. They are the voice of large carriers and their supporters.
If you are reading this CALL 202-224-3121

1–What to say when calling up your Senators and Representatives.

How to make sure the Denham amendment or Fischer amendment are not included in final 2018 FAA Reauthorization bill or ANY other bills the ATA is lobbying for them to be in.

The best way to call up members of Congress is to be knowledgeable and informed on the issues at hand. Below is a guide which may help you when calling your Senator.

The ATA lobby has pulled out all the stops on this one.
This will be the last chance to end this. This is a battle Truckers and all Americans cannot afford to lose.

Call your Senators about the “anti-trucker wage amendments” in the FAA ReAuthorization bill.
Stop the Preemption of States Rights. State who protect employee wages.
(This language is mainly known as the Denham Amendment, but is also brought up as “Federal Authority provision” “Meal and Rest Break”, F4A Preemption, and Fischer Amendment.)

What you can say when calling your Senator:

I’d like to speak with someone concerning S.1405, the Senate FAA Reauthorization bill, which is to be voted on within the next few days.
I want to make you aware of language, added as amendments, that I’m extremely opposed to in both the Senate and the House versions of the FAA Reauthorization bills.
The Denham Amendment is in the House bill
Fischer amendment is in the Senate bill.

First of all, I am against the Federal Government overriding States Rights and creating any new rules, laws or regulations.
Recently the Supreme Court of the U.S. made the decision that the Federal government can NOT override states laws which would allow
sports gambling.
If the Federal Government cannot override state laws regarding
“sports betting”, what basis is there to override states laws which protect employees, specifically truckers, from wage abuse?
Worse yet, excluding them from the protections other employees have such as the option to take a 10 min paid rest break every 4 hours or a non paid 30 meal break every 8 hours!

Fischer Amendment – I am opposed to the “meal and rest break language” in the Fischer Amendment because it preempts states’ rights which protect piece work wage employees such as truckers. This amendment would allow for another new Federal law targeting truckers, excluding truckers from state labor protections, similar to the way the Fair Labor Standards Act (FLSA) exempts truckers from overtime pay.
It would set a precedent saying that truckers are not deemed worthy of any labor law protections which are offered to all other citizens.

Denham Amendment -I am VERY MUCH against the Denham Amendment which recently passed in the House on April 26th 2018 in their version of the FAA Reauthorization bill, H.R. 4.

The trucker wage theft language in the Denham Amendment preempts state Laws by allowing the Federal Government to regulate how truckers are to be paid ( piece work wages only-such as cents per mile) and relieves  employers ( motor carriers) of any further wage obligation( such as hours worked), despite the fact that drivers are required to spend a great deal of time ( approximately 30-40 hours/week) performing non-driving duties in the fulfillment of their employment, such as pre and post trip inspections, maintenance and loading and unloading ( Detention Time).
The Denham amendment would end hope for reforming trucker wages, including trucker goal of being paid for all time working.

Mainly, the Denham amendment would allow for another new law which states that employers (the carriers) will not be legally obligated to pay truck drivers for their hours, regardless of how many hours they work. Truckers would be exempt from any state labor laws which assert otherwise.
I am against either of these amendments being included in the FAA Reauthorization bill as they both show the  trucking industry and government contempt and disregard for the value of the professional trucker.

Examples of common ATA false talking points

Here is an example of myths the ATA is stating to lawmakers, lawmakers who are going to be voting on a final FAA bill which could ( if passed) include trucker wage theft amendments, Denham or Fischer.

1-The “Safety Hazard” Argument –ATA is  claiming that by offering a trucker a 10 minute paid rest break after 4 hours, it would be a safety hazard. They falsely claim that drivers will have to immediately stop and pull over to rest causing a safety hazard on the roads. This is FALSE. The driver can waive the rest break, however the carrier will still have to pay him/her for it. Unfortunately the ATA has not told the drivers that they have the choice to take the break or not.

2-The Patchwork Argument— Another example of ATA justification for Denham Amendment is that it would be too confusing to keep up with the 7 states labor laws regarding rest breaks. No it wouldn’t. The states are similar. California has the most protective towards employees, requiring carriers offer a paid rest break after 4 hours (optional to driver) and a meal break after 5.5 hrs (also optional to driver).

California also requires that drivers be paid for ALL time working while not driving. (includes detention time pay) If your company already pays you detention time, then it’s not a problem, but if they don’t, CA says they must be paid at least CA minimum wage

SOLUTION: If carriers would set their wage software meeting the criteria of California, it would satisfy all states laws. Instead, ATA’s argument is to Preempt State laws, replace with Federal law, which would assert that drivers only have to be paid for their miles driven and nothing more.
In doing so, they not only nullify state labor laws protecting employees, but they also will create new Federal law which establishes- Motor carriers are not legally obligated to pay drivers anything more than their piece work wages ( miles driven)

3- Distorting the meaning of the 1994 Federal Aviation Administration Authorization ACT .
ATA claims that paying drivers 10 min breaks and all time working interferes with rates, routes, or services. Courts ruled NO, it does not. Congress in 1994 was referring to freight rates, not labor laws. ATA claim went all the way up to the Supreme Court which refused to hear their argument.

Read an entire list of Myths vs Facts the ATA compiled along with the responses
“ATA’s Myths and Facts about Denham Amendment Busted”

Enough is enough. Drivers wages haven’t increased on a post-inflation basis in over 20 years, while industry profits have increased. The ATA’s “facts” themselves are incomplete, misleading, and designed to protect their constituency: the trucking companies and their ever increasing profit streams. The industry cannot accept that they have lost this issue in Court, so now they want to change the rules and nullify state laws upheld by the judicial system. That’s not a myth – its a raw fact!

If you are reading this PLEASE call NOW. 202-224-3121

Here is a link to every U.S. senator email and phone #
https://www.senate.gov/senators/contact/senators_cfm.cfm

Here is a link to every U.S.Representative
https://www.house.gov/representatives/

2–Understanding the Denham and Fischer Amendments which COULD be included in the final 2018 FAA Reauthorization bill.

 

The Denham Amendment has once again been included in the House version of the 2018 FAA Reauthorization bill. By allowing this amendment to remain and be included in the Final FAA bill, it would mean a few things for professional truckers.
1)  Preemption of States laws excluding truckers from labor laws designed to protect employees from wage abuse
2) Creating new Federal law designed to define and regulate trucker wages by relieving employers (carriers) from obligation of paying drivers anything more than piece work wages (miles driven)

3) Excluding drivers from state labor laws which allow drivers to have the option of taking a 10 minute paid rest break or the option of taking a 30 minute (unpaid)meal break.
4) Eradicating any cases drivers have in courts for wage abuse drivers have experienced (retroactive from 1994)

The Senate will be voting on their version of the 2018 FAA Reauthorization bill.  Their version of the bill includes the Fischer amendment. (Considered the lesser of 2 evils)
By allowing this amendment to remain and be included in the Final FAA bill, it would mean a few things for professional truckers.
1)  Preemption of States laws excluding truckers from labor laws designed to protect employees from wage abuse
2) Creating new Federal law designed to exclude truckers from state labor laws which allow drivers to have the option of taking a 10 minute paid rest break or the option of taking a 30 minute (unpaid) meal break.
4) Possibly nullifying any wage cases drivers have in courts. (retroactive from 1994)

There are a few possibilities that the Senate can vote on.
They can not include either amendment
They can go along with the House and include the Denham Amendment
They can include the Fischer amendment.

Finally, if the Senate does not go along with the House version of the FAA bill ( which included the Denham amendment) the final version of the 2018 FAA Reauthorization bill will go to conference and at that point EITHER of the 2 amendment can be added or removed from the final bill.
Even IF the SENATE does not include either amendment in their version of the FAA bill.

This is why we all need to call our Senators and Reps and educate them on what the repercussions would be for truckers if either of these amendments are included in the final 2018 FAA Reauthorization bill.
The ATA has ill-informed many of our lawmakers of the facts. It was told to us, that many politicians believe the ATA has the support of professional drivers, including the egregious Denham Amendment which the ATA lobbied so fervently for. There are politicians that believe that the ATA is the voice for truck drivers. It’s up to us to tell them otherwise.

3—What it means for truckers and their wages if these amendments are passed.

FAA Reauthorization bill

We’re at the last leg of a 2 year fight against these “wage theft” amendments
Not only have drivers not had a significant pay raise since the 80’s, but more and more uncompensated time performing non driving tasks are expected ( approximately 30-40 hours/wk uncompensated time). This includes jobs such as pre and post trip inspections, maintenance and loading and unloading (Detention Time).
By including the Denham Amendment, companies would be legally permitted to only have to 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.
This would put a legal end for hopes of reforming trucker wages, including being paid for all time working.

What is the agenda of the ATA behind these amendments they’ve lobbies so hard for?
States such as CA which have labor laws protecting drivers would eventually set precedent and drivers would justify their demand of wage reform, being paid for all time on duty not driving, which many driver are already demanding.
ATA believes that if they can get Denham passed into law, they can legally can put driver demands to rest.
ATA attitude is to continue to only pay piece work (cents per mile) wages so drivers strive for more miles to drive and more hours to keep driving to earn a living wage.

ATA apparent motto:
“keep drivers driving more miles and keep them fighting for more hours to drive” no matter how unsafe it is.

TO PRINT THIS  article CLICK Trucker WAGES

Technorati Tags: , , , , , , , , , ,

Share

Drivers unite as two year battle against truckers reaches Senate

May
15,
2018
1

Yesterday the Supreme Court of the United States rules that the Federal Government has no right to tell states they can’t engage in sports betting.
States have rights.

The ATA however has lobbied hard for the Denham and Fischer amendments in the FAA bill in order to PREEMPT STATES RIGHTS  labor protection laws so that carriers won’t have to pay truckers for detention time or a 10 minute break.

Drivers are at the end of a 2 year fight against the Denham Amendment and the powerful ATA lobby who has hijacked the intent of the Federal Aviation Administration Authorization Act of 1994 and tricked D.C. lawmakers into believing a series of false narrative of how states’ labor laws are interfering with freight rates.

The ATA goal is to preempt state labor laws in order to create Federal trucker wage laws overriding state rights.

Truckers are uniting against the Preemption of States Rights as the logic is overwhelming.
If states have the right to protect their authority allowing sports betting, then surely, they have the right to protect employees from wage abuse with their labor laws.

FAA Reauthorization bill

ATA tells lawmakers that they are the voice for trucking

ATA’s Myths and Facts about Denham Amendment Busted

During our onslaught of phone calls to Washington, to the House and the Senate, regarding the “trucker wage theft” Denham Amendment in the House FAA bill and the Fischer amendment in the Senate FAA bill, we were told by a high level staffer that many politicians believe that the ATA is the voice for truckers and that many drivers support the legislation they lobbied for in the FAA bill.

The ATA argument continues with their false narrative by offering their twisted justification for the need to create new Federal law ( via the Denham Amendment), preempting existing state labor laws, laws which have been put in place for years to protect employees from unethical employers who exploit employees.  This new Federal wage law would target truckers, dictating how drivers are to be paid, mainly, only the miles they drive and nothing more.

The ATA lobby has even managed to persuade some  drivers, through vague and false talking points, that the amendments are designed to help them, the truck driver community.

The Denham Amendment was included in the House version  the 2018 FAA Reauthorization bill, H.R.4. It now has to move to the Senate for vote before it can become law.

If included in the FINAL FAA Reauthorization bill, 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 hopes of modernizing trucker wages, including being paid for all time working.

The House managed to pass the amendment in their version of the bill, and although it is being pawned off as a bipartisan bill, the House roll call vote approving the Denham amendment in their FAA bill tells a much different story.
Here is a PDF for the roll call vote of House Representatives who either supported truckers by voting against the Denham amendment, or voted for the Denham Amendment
in support of the ATA and their request for new Federal wage laws against truckers.

Many truckers are surprised to see how each of the 2 parties voted.
How did your Congressperson vote?

Here is one example of one of the outright lies the ATA is stating to drivers and lawmakers, lawmakers who are going to be voting on a final FAA bill which could ( if passed) include the trucker wage theft amendments, Denham or Fischer.

False Claim: Jeff Denham R(CA) , author of the Denham Amendment, actually made this false claim on the House floor prior to voting on FAA Reauthorization bill April 26th 2018.

By offering a trucker a 10 minute paid rest break after 4 hours is a safety hazard. They falsely claim that drivers will have to immediately stop and pull over to rest. This is not true. The driver can waive the rest break, however the carrier will still have to pay him/her for it. Unfortunately the ATA has not told  drivers or lawmakers that drivers have the choice to take the break or not.
Here was Congressman DeFazio’s ( D-OR)rebuttal on the house floor which called Jeff Denham out as he made his stand for truckers.

"This is an incredibly broad preemption. It is not as stated. For 
instance, we just heard you have to pull over, no matter where you are. 
No. If you don't take your rest break, you have to be paid, but you don't have to
stop and pull over.
  Beyond that, this would preempt paid rest breaks, paid meal breaks, paid sick
leave, paid family leave, payment for time detained at a loading dock, payment for
anything other than a flat rate by the load.
  This is an extraordinary preemption that we have here. The drivers are already
exempt from the Fair Labor Standards Act. So they can't get overtime. If we wipe
out the State laws and there is no existing Federal law, truck drivers are really
getting it stuck to them here.
  In fact, this amendment would expand Federal preemption over trucking operations
to include, for the first time, wages and working conditions, something Congress
never contemplated in 1994.
  It is opposed by the Owner-Operator Independent Drivers Association, the largest
trucking organization; the Teamsters; American Association for Justice; and
numerous safety groups. This is not as it is being presented. This is overly
broad, and it should be opposed."  Peter DeFazio

Now that the Denham Amendment has been included in the house version of the 2018FAA bill, what is the next step to prevent the preemption of states right and these “wage theft” amendments from becoming law?

The next step is for the Senate to vote on their version of the 2018  FAA bill. Note this however, their version includes a more watered down “trucker theft” amendment than the totally egregious Denham Amendment.  It’s called the Fischer Amendment.  ( named after Deb Fischer ( R-NE)
As OOIDA calls it, it is the lesser of two evils, as compared to the Denham amendment in the House version. On our opinion, an evil is an evil, no matter how much “less” evil it is.

Make no mistake, either amendment  version included in the FAA bill is an insult and assault on truckers and their dignity and wages.

The Fischer amendment, excludes truckers from protections of state labor laws, just as the Fair Labor Standard Act (FLSA) excludes truckers from the protection of Federal labor laws. The amendment asserts that drivers should not be protected by state labor laws which allow for 10 min paid rest breaks and non paid meal breaks.
Again, these breaks are optional to drivers.
The question still remains, why does the ATA want to push and support not offering paid rest breaks to drivers?
Why should truckers be considered any different than other employees in these states?

As it stands now- What is the next step for truckers?

Fischer and Denham may be pushed through Senate FAA voting soon. Trucking industry and government’s contempt and disregard for the value of the professional trucker continues. We understand that the Senate and Mitch McConnell want to move quickly on their version of the FAA Reauthorization bill, bypassing normal procedure. We’re at the last leg of a 2 year fight.

The ATA has pulled out all the stops on this one, This will be the last chance to end this. This is a battle Truckers can not afford to lose.

 

 We need a surge of truckers and fair wage supporters to call Washington NOW
We were told by those in Washington that it will take another surge of drivers calling the Senate stating they are against the “trucker wage theft” Denham and Fischer Amendments. It is imperative you tell them that the ATA does not speak for drivers. The only way to win the battle is this surge of calls to the Senate.
If you are reading this CALL 202-224-3121

What is the REAL agenda of the ATA?
States such as CA which have labor laws protecting drivers would eventually set precedent and drivers would then demand being paid for all time on duty not driving, which many driver are already demanding. ATA believes that if they can get Denham passed into law, that it puts that demand to rest.
ATA attitude is to continue to only pay piece work (cents per mile) wages so they strive for more miles to drive and more hours to keep driving.
“keep drivers driving more miles and keep them fighting for more hours to drive”

 

How to make sure these amendments do not become law in final 2018 FAA Reauthorization bill.

The best way to call up members of Congress is to be knowledgeable and informed on the issues at hand.
Below is a guide which may help you when calling your Senator.

Call your Senator about the anti-trucker wage amendments in the FAA ReAuthorization bill. Stop the Preemption of States Rights!
(This language is mainly known as the Denham Amendment, but is also brought up as “Meal and Rest Break”, F4A Preemption, and Fischer Amendment.)

What you can say when calling your Senator:

 

I’d like to speak with someone concerning S.1405, the Senate FAA Reauthorization bill, which is to be voted on within the next few days.
I want to make you’re aware of language, added as amendments, that I’m extremely opposed to in both the Senate and the House version of the FAA Reauthorization bills.
The Denham Amendment in the House bill and the Fischer amendment in the Senate bill.

 

First of all, I am against the Federal Government overriding States Rights and creating any new rules, laws or regulations which do so.
Recently the Supreme Court of the U.S. made the decision that the Federal government can NOT override states laws which would allow sports gambling.
If the Federal Government cannot override state laws regarding “sports betting”, what basis is there to override states laws which protect employees, specifically truckers, from wages abuse? Worse yet, excluding them from the protections of other employees such as the option to take a 10 min paid rest break every 4 hours or a non paid 30 meal break every 8 hours…. if they choose to!

 

Fischer Amendment – I am opposed to the “meal and rest break language” in the Fischer Amendment because it preempts states rights which protect piece work wage employees such as truckers. This amendment would allow for another new Federal law targeting truckers, excluding truckers from state labor protections, just as the FLSA exempts truckers from overtime.
This amendment would  exclude truckers from  wage and safety protections offered to other employees such as an optional 10 min paid rest break every 4 hours or a non paid 30 meal break every 8 hours. It would set a precedent saying that truckers are not deemed worthy of any labor law protections which are offered to all other citizens.

Denham Amendment – I am also VERY MUCH against the House Denham Amendment recently passed on April 26th 2018 in their version of the FAA Reauthorization bill, H.R. 4.
This trucker wage theft language in the Denham Amendment preempts state Laws by allowing the Federal Government to impose how truckers are to be paid ( piece work wages only-such as cents per mile) and relieves  employers ( motor carriers) of any further wage obligation, despite the fact that drivers are required to spend a great deal of time ( approximately 30 hours/week) 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 hopes of modernizing trucker wages, including trucker goals of being paid for all time working.

Mainly, the Denham amendment would allow for another new law which states that employers (the carriers) will not be legally obligated to pay truck drivers for their hours, regardless of how many hours they work and that truckers are exempt from any state laws which assert otherwise.
I am against either of these amendments being included in the FAA Reauthorization bill as they both show the  trucking industry and government contempt and disregard for the value of the professional trucker.

Examples of common ATA talking points to address

Here is an example of myths the ATA is stating to lawmakers, lawmakers who are going to be voting on a final FAA bill which could ( if passed) include trucker wage theft amendments, Denham or Fischer.

The “Safety Hazard” Argument –ATA is  claiming that by offering a trucker a 10 minute paid rest break after 4 hours, it would be a safety hazard. They falsely claim that drivers will have to immediately stop and pull over to rest causing a safety hazard on the roads. This is FALSE. The driver can waive the rest break, however the carrier will still have to pay him/her for it. Unfortunately the ATA has not told the drivers that they have the choice to take the break or not.

Unfortunately the ATA has not told the drivers that they have the choice to take the break or not. I wonder what it took the ATA to get these drivers to be a part of this video. Here’s the ATA video https://www.youtube.com/watch?v=DrUJG4ZZ5-g Notice that the ATA has disabled comments on the video.

The Patchwork Argument— Another example of ATA justification for Denham Amendment is that it would be too confusing to keep up with the 7 states labor laws regarding rest breaks. No it wouldn’t. The states are similar. California has the most protective towards employees, requiring carriers offer a paid rest break after 4 hours (optional to driver) and a meal break after 8 ( also optional to driver).

California also requires that drivers be paid for ALL time working while not driving. (includes detention time pay) If your company already pays you detention time, then it’s not a problem, but if they don’t, CA says they must be paid at least CA minimum wage

SOLUTION: If carriers would set their wage software meeting the criteria of California, it would satisfy all states laws. Instead, ATA’s argument is to Preempt State laws, replace with Federal law,which would assert that drivers only have to be paid for their miles driven and nothing more.
In doing so, they not only get rid of state labor laws protecting employees, but they also will create new Federal law which establishes- Motor carriers are not legally obligated to pay drivers anything more than their piece work wages ( miles driven)

Read an entire list of Myths vs Facts the ATA compiled along with the responses
“ATA’s Myths and Facts about Denham Amendment Busted”

Enough is enough. Drivers wages haven’t increased on a post-inflation basis in over 20 years, while industry profits have increased. The ATA’s “facts” themselves are incomplete, misleading, and designed to protect their constituency: the trucking companies and their ever increasing profit streams. The industry cannot accept that they have lost this issue in Court, so now they want to change the rules and nullify state laws upheld by the judicial system. That’s not a myth – its a raw fact!

If you are reading this PLEASE call NOW. 202-224-3121

Here is a link to every U.S. senator email and phone #
https://www.senate.gov/senators/contact/senators_cfm.cfm

Here is a link to every U.S.Representative
https://www.house.gov/representatives/

Call Your Reps NOW 202-224-3121

 

 

Technorati Tags: , , , , , , , , , , ,

Share

Truckers claim small victory for Denham Amendment House vote as they continue their fight on to the Senate

Apr
27,
2018
1

Truckers claim small victory for Denham Amendment House vote as they continue their fight on to the Senate.

The fight continues towards one of the most heated debates in trucking, the addition of the anti-trucker wage amendment known as the Denham Amendment. ATA has lobbied hard supporting the Denham Amendment.  Truckers and their supporters are against it. Later this year, the anti-trucker Denham amendment, if included into law, is to be voted on in the FAA Reauthorization bill .
On April 26th it recently was passed in the House ( no surprise) but it first must go to the Senate for vote, and then on for the final vote.

A Republican aide to the Senate Commerce, Science and Transportation Committee told CNN they are looking to have the legislation on the Senate floor in May or June and a long-term reauthorization in place by August.

As truckers come off the heels of the ELD mandate and enforcement, drivers have been placed over the edge with the addition of the Denham Amendment in the FAA Reauthorization bill.  It would be one more nail in the coffin against truck driver wages, and they know it.

Truckers have had enough, and the outpouring of calls to their Congresspeople showed it this last week as the vote in the House to include the Denham Amendment approached.

This is only one of many times since the first attempt November of 2015 in the Highway bill that the Denham Amendment has been able to make it through the House portion of a bill, however,  Denham has failed to be included in the past when it met both houses of Congress and went for final vote.
Driver outpouring has proven to prevail in the past, and we expect their fervor to be even greater this time.

 We already expected to lose in the House version of the FAA Reauthorization bill.
What we are encouraged by is the fact that the vote is narrower than in the past when it was included in prior votes.

Denham passes with narrower margin than prior attempts. Final Vote was 222 YEA and 193 NAY .Now off to the Senate. How did your congressperson vote? Find out here

Unfortunately the Denham Amendment is a partisan amendment, mostly Republicans are voting for it.  The fact that more Republicans voted against Denahm this time, is a win for truckers as the bill moves to the Senate. As truckers continue to call their Senators, the momentum is on our side.
How did your Congressman vote?
Here is how your Congressman voted regarding the Denham Amendment in the FAA bill

Link to Senate to make the calls against Denham Amendment in FAA ReAuthorization bill

Even with a last minute attempt by the ATA to discredit those fighting against Denham (namely us at AskTheTrucker), the enthusiasm by truckers to make the calls and send emails continued, and was overwhelming.

ATA attacks truck drivers advocates for spreading truth about Denham Amendment

We want to thank Representative Peter DeFazio ( D-Oregon) for standing up and rebuking Congressman Jeff Denham, the author of the Denham Amendment, confronting the deceptions that Mr. Denham claimed during his introduction of the amendment to the House.  Mr. DeFazio fought hard for truckers and revealed the truth of what the amendment would mean for the hard working truckers of this country, including the fact that it would preempt state labor laws which ensure drivers are paid for all their time, including detention time, something the ATA and others want to legally eliminate by law. I think we should all call Rep DeFazio and thank him for his gallant efforts.  (202) 225-6416

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

Last night after the vote was announced, there was a lot of Confusion on FaceBook.  Many had poured all there energy into fighting this bill, so when it made it in the House portion, many drivers thought it was now law.  IT IS NOT LAW.
Below is a post we made on Facebook to explain that although Denham was passed in the House, we had a small victory and can now focus our efforts to the Senate.

******************************************************************************

FACEBOOK post 4-26-18
Attention Drivers. I want to thank everyone for all their support in fighting the Denham Amendment and calling in to your Reps.
Two good things came out of the house vote today:
1) Even though the Denham Amendment was included in the House portion of the FAA bill in Congress, it was passed with a MUCH narrower margin than the other 5 times it was passed.
More R’s vote against passing it this time.
Even though we hoped it wouldn’t pass, we should be proud at the Congressman we flipped.
We will be making a PDF with the results so we know WHO voted for this amendment and who voted against it. Midterms are coming!!!

2) With this momentum,, we have a good shot at beating the #DenhamAMendment in the Senate bill. BUT ONLY if we keep calling out Senators. Drivers, we will not let the ATA slip this poison into law.

Please pass this on. We don’t want drivers to think the Denham Amendment is law. It is Not. We still have the Senate and old Mo on our side.
We did good!!!! 

*************************

Denham Amendment with anti trucker provisions

So continue on drivers, we can and will once again defeat the anti-trucker wage Denahm Amendment.  We have been fighting since 2015, and with the added momentum now, the Denham Amendment in the FAA Reauthorziation bill can be defeated again.
But only if we continue the fight. So on to the Senate and lets win there.

ATA’s Myths and Facts about Denham Amendment Busted

Here are links to both the House and Senate

House https://www.house.gov/representatives

Senate  https://www.senate.gov/general/contact_information/senators_cfm.cfm 

 

Technorati Tags: , , , , , ,

Share

ATA’s Myths and Facts about Denham Amendment Busted

Apr
26,
2018
4

There is a PDF from the ATA going around the internet and being mailed/emailed out to those within the trucking industry.

The PDF and emails sent, are what the ATA considers “Myths and Facts” regarding the Denham Amendment in H.R.4 the FAA Re-authorization bill being voted on  4-26-18 in the House.

 

 

 

 

 

The ATA GOAL is to discredit their opposition such as AskTheTruckerOOIDA, and the many other truck driver advocates who are strongly urging Law Makers to Vote NO on the Denham Amendment. Learn more
Federal Preemption update against Trucker Wages -The fight to be paid for all time

 

Say NO to Denham Amendment in HR 4 – Faa Re-authorization bill
Call 202-224-3121

Upon reading the ATA’s Facts and Myths, we reached out to experts in the field of Employment Law, specifically in the area of the effects of how the Denham Amendment would affect trucker wages.  They advised us of the real facts as a rebuttal in response to the ATA’s Myths and Facts which you will see below.

Below is the ATA  claims of Myth vs. Fact.  Under each “Myth- Fact” is the  rebuttal in RED Print

Myth: The Denham/Cuellar/Costa Amendment would overturn the ability of states to govern the working conditions of their truck drivers.

ATA Fact: Nothing in the amendment impedes a states’ ability to govern the working conditions of truck drivers engaged solely in intrastate commerce. The amendment specifically ties preemption of state break requirements to USDOT’s jurisdiction under 49 U.S.C. 31502, which applies when the driver works in interstate commerce—regulation of which the Constitution assigns to Congress. For example, a driver who does not cross state lines would be covered under this provision if USDOT has jurisdiction over his/her hours of service because he/she transports goods in interstate commerce – even if he/she works within a single state. In other words, the amendment ensures that all drivers’ hours of service are subject either to USDOT’s jurisdiction or to the state’s break rules—but not both at the same time.

Rebuttal  Response: This is a red herring. Nowadays there are very few drives who drive routes that are totally local and who drive only intrastate, ie., within one state.

Most line haul drivers, over the road drivers, and regional drivers, have some routes that are interstate. If you drive one route across state lines every four months, even though the majority of your routes are in one state, then you are considered interstate, and the Denham Amendment would preclude you from any protection of a state law that paid separately and hourly for detention time, inspection time, fueling, cleaning, paperwork, layover time, and rest break time. Allowing Denham to pass could also allow the industry to send their local drivers out of state for 1 route every four months and then they, too, would be considered interstate. Anecdotally, the vast majority of truckers would be covered by the Denham Amendment. This attempt to say that the new law only applies to those driving across the country isn’t true and it’s deceptive and misleading.

Myth: California’s state meal and rest break laws were specifically designed to reduce worker fatigue and to protect workers and the public from workplace crashes, injuries, and deaths.

ATA Fact: The federal rules governing driver hours and breaks were developed by USDOT specifically with commercial drivers in mind, based on a review of truck-specific highway safety evidence and fatigue science. The state break rules at issue here, by contrast, are general employment laws, not developed in the context of truck safety concerns, and not rooted in evidence about how best to ensure commercial drivers don’t drive while fatigued. On the contrary, applying state break rules for all employees on top of the federal rules developed for commercial drivers interferes with the nationwide uniformity of the latter, to the potential detriment of highway safety. Moreover, in places like California, employees who work under a collective bargaining agreement are exempt from state break rules. And the rules only apply to employees, not independent contractors—who in trucking make up a significant portion of the driver population. If states had indeed enacted these break rules to prevent crashes and deaths, they would hardly have exempted unionized and independent drivers.

 Rebuttal Response: No one is arguing against the Denham Amendment on the primary basis that state meal and rest break laws were designed to reduce worker fatigue. In California, Labor Code section 226.2 requires pay for all non-productive time for piece-rate workers, and to pay separately and hourly for rest breaks. The Denham Amendment would end that and nullify that. It is true that the right to take two 30 minute duty free meal breaks on a 10 hour shift in California is greater than the one 30 minute meal period before the 8th hour, but that just gives workers more rights not less. If the laws at issue are “general employment laws”, then why is the Denham Amendment trying to argue that they are laws targeting the motor carrier industry that should be preempted? It makes no sense.

The rest breaks allowed by California law of 10 minutes every 4 hours are paid breaks, and Washington has a similar law. Under federal DOT law, the breaks are not paid. So Denham hurts drivers by eliminating pay for rest periods. In California unionized drivers are exempt under Labor Code 512(e) from the meal period requirements of California law, but that’s not true for rest periods, so the statement is inaccurate in that sense. There is no doubt that the right to more rest and meal period than those afforded by federal law would likely result in less fatigue, but that is not the reason these laws were enacted.

The Courts and State Legislatures believe drivers and other piece-rate workers should be paid for all hours worked and that was the primary reason for enactment of Labor Code 226.2 and the rest period laws. In California, drivers can get one hour of pay for each day that a meal or rest period is not provided. This premium pay is ignored by the industry in its analysis.

 Myth: The Denham/Cuellar/Costa Amendment would deny truck drivers from taking the lunch and/or rest break they are granted under state law.

ATA Fact: By its express terms, the amendment would not preempt state break requirements for drivers who are not subject to USDOT’s hours-of-service jurisdiction because they do not work in interstate commerce. And USDOT’s safety-focused regulations already give drivers the right to take a break whenever they feel they need one—with whistleblower protections for drivers who are coerced to keep driving by carriers or customers.

 Rebuttal Response: as noted above, most drivers are interstate if they drive even 1 route out of state every 4 months. Allowing Denham to pass would also allow a company with local drivers to send the drivers out of state once and then they’d be excluded from protection by state law. The DOT rules also allow states to pass additional laws that provide greater rights to drivers with respect to meal and rest breaks, and courts have held that the DOT rules are not in conflict with the more protective rules of California and Washington and other states.

 Myth: The 1994 Federal Aviation Administration Authorization Act preemption provision that the Denham/Cuellar/Costa Amendment clarifies was limited to direct economic regulation of the trucking industry.

ATA Fact: The U.S. Supreme Court has repeatedly held that the F4A’s preemption provision (and the identical provision governing airline deregulation in the Airline Deregulation Act of 1980) expressed a broad preemptive intent, that it extends to indirect as well as direct regulation, and that it is not targeted at economic regulation alone. The Supreme Court has found a wide range of state laws—from consumer protection requirements to the common-law covenant of good faith and fair dealing—preempted under these statutes. And until the Ninth Circuit’s erroneous 2014 decision, the vast majority of lower courts held that existing law preempts state meal and rest break laws—hence the need for clarification offered by the Amendment.

 Rebuttal Response: The Supreme Court refused to overturn the rulings of the Ninth Circuit Court of Appeals, The California Supreme Court and the California Court of Appeals in three different cases, all of which decided that the FAAAA does not preempt or nullify state meal and rest break laws. Prior to the Dilts v. Penske decision rejecting preemption, the lower courts were very split on this issue. However, the Ninth Circuit Court of Appeals said it was an easy case to reject preemption since the meal and rest break laws were general employment laws that did not target the trucking industry, as the ATA acknowledges above. This “Fact” obscures the truth that the US Supreme Court has already agreed with the Ninth Circuit Court of Appeals that the FAAAA does not preempt state meal and rest and non-productive time statutes insofar as the High Court repeatedly refused to over-turn these appellate court rulings.

Myth: This issue has not had a public hearing or any meaningful discussion or analysis.

ATA Fact: F4A has been the subject of ample Congressional discussion and consideration. Over the last 3 years, the issues surrounding federal preemption of state meal and rest breaks have been discussed, debated and voted on in Congress no less five different times. To suggest this matter has not received adequate Congressional scrutiny is simply imaginary and untrue.

 Rebuttal Response: In each of the five prior occasions, Congress decided not to over-turn the court decisions and decided not to retroactively change the meaning of the F4A to protect the industry at the expense of truck drivers’ rights. No one is saying this issue hasn’t been fully voiced before; however, throwing this in as an amendment to an aviation funding bill smacks of back room deals that favor the industry, let them escape from court judgments against them, and insulate them from having to pay for all time worked through an amendment process that is including a topic not germane to the traffic controllers funding bill into that bill. Why not have the issue voted on as a stand alone provision and let it be fully debated on the floor of the Senate and the House ??? Some of the sponsors of the amendment, like the Democratic Congressperson from Fresno, probably did not even understand the implications of this amendment in terms of limiting drivers’ pay for all time worked. It was a secretive “amendment” process that looks like the “swamp” and doesn’t seem to be fully transparent, similar to these “FACTS” being put out now by the ATA.

Myth: The Denham/Cuellar/Costa Amendment has no place in legislation reauthorizing the FAA.

ATA Fact: The Federal Aviation Administration Authorization Act of 1994 explicitly preempted state laws “related to a price, route, or service of any motor carrier … with respect to the transportation of property.” The Denham/Cuellar/Costa Amendment simply clarifies that this preemption provision has always extended to state break rules, contrary to a 2014 9th Circuit decision. As such, the FAA Reauthorization bill currently pending before Congress is an entirely germane and appropriate vehicle for clarifying the earlier FAA bill’s provision.

 Rebuttal Response: Not really. The courts have held that the F4A clearly does not preempt state laws of general applicability, like laws requiring pay for all hours worked by piece-rate workers. The preemption language is not addressed in this FAA funding bill, except for the sole purpose of retroactively trying to change existing court decisions, where the industry lost this issue in Court

Myth: The Denham/Cuellar/Costa Amendment goes beyond the purpose of preventing a patchwork of State laws by preempting existing meal or rest break laws that have been on the books for decades.

ATA Fact: Motor carriers operating in interstate commerce have, since 1994, been subject only to nationally uniform federal rules governing their working hours. The amendment only applies to motor carriers and their employee drivers and does not affect any other industry or independent contractors. The 9th Circuit ruling has unleashed a torrent of lawsuits against motor carriers engaged in interstate commerce. Regulating interstate commerce is a constitutional responsibility of the federal government.

 Rebuttal Response: The courts have consistently rejected these ATA arguments, including the 9th Circuit and the US Supreme Court by refusing to over-turn or hear the 9th circuit ruling. Courts have held since 2011 that trucking companies must pay separately and hourly for rest breaks and non-productive time in several states. The industry does not like these rulings, as they require pay for all time worked. The national DOT regulations themselves allow states to augment their protections. Since when are states rights to make laws relating to workers nullified by federal regulations? There is nothing in the Constitution reserving to the federal government the exclusive right to regulate trucking companies. The industry enjoys the benefits of making tons of profits in various states, but would like to avoid having to comply with the laws of the states in which they operate. That is fundamentally unfair.

Myth: The Denham/Cuellar/Costa Amendment would undermine every state law relating worker compensation, leave and benefits.

ATA Fact: Assertions that the Denham/Cuellar/Costa Amendment would undercut other state laws relating to compensation and benefits represents a gross misreading – and, intentionally misleading reading – of the amendment’s language. The clear intent of the language is – and always has been – to make clear that federal law preempts state law specifically with respect to meal and rest breaks. Moreover, to allay concerns regarding the amendment’s potential impact on driver compensation, the amendment’s sponsors explicitly excluded the “piece-rate” language that had been included in previous iterations. These dramatic and inaccurate characterizations by the amendment’s opponents are nothing more than a desperate, last-minute attempt to undermine a well-reasoned proposal to eliminate conflicts between federal and state rules governing the working hours of interstate drivers.

 Rebuttal Response: The current amendment still precludes states from imposing any law that would require a trucking company to pay more than they are required to pay under federal law – which is basically federal minimum wage of $7.25 per hour. So, the new law is more sly in its deletion of the phrase piece-rate but accomplishes the same thing.

Also, the fact that the Denham Amendment would be retroactive and thus nullify out large settlement and verdicts obtained for drivers shows that the industry is primarily concerned about one thing: preserving its rights not to pay for non-productive time (detention time, waiting time, rest breaks etc), even when judges and juries have ruled that they owe this money. “Retroactively clarifying” something is another way of saying we are going to change the rules going forward and backward so we don’t have to pay more than we do now.

Enough is enough. Drivers wages haven’t increased on a post-inflation basis in over 20 years, while industry profits have increased. The ATA’s “facts” themselves are incomplete, misleading, and designed to protect their constituency: the trucking companies and their ever increasing profit streams. The industry cannot accept that they have lost this issue in Court, so now they want to change the rules and nullify state laws upheld by the judicial system. That’s not a myth – its a raw fact !

Make the Call. It’s your last day to do the right thing.
Denham Amendment Vote No


Technorati Tags: , , , , , , ,

Share

ATA attacks truck drivers advocates for spreading truth about Denham Amendment

Apr
25,
2018
2

 

ATA claims that the Truth About Trucking Network (includes AskTheTrucker) is sharing propaganda about the Denham Amendment and states that it is the ATA who is telling drivers the truth. Do you believe that drivers?

Trucker Advocate Allen Smith= Host of Truth About Trucking Live

We were notified by drivers who have received letters saying that the ATA is sending emails out to their members and  telling them not to believe our “propaganda” about the Denham Amendment. Drivers should believe the ATA instead.

 

 

Well I guess they need to include OOIDA in their letter too because OOIDA just sent out a call to Action to FIGHT the Denham Amendment in H.R.4 (the FAA Reauthorization bill), OOIDA is supporting us and our fight!!

Basically what the ATA letter included

1) Begging for carriers to help to get the drivers to side with the ATA and vote YES for Denham Amendment.

2)ATA claiming that Opponents ( Truth About Trucking, LLC and AskTheTrucker ) are being untruthful to drivers about the Denham Amendment. (ATA is telling the truth, yeah right)

3) Telling Carriers to convince  “The ATA drivers” to vote with ATA  and not with the “opponents” namely truck driver advocates at AskTheTrucker and Truth About Trucking

What they mean to tell their members is don’t listen to the Truck Driver Advocates! Listen to the ATA!
THIS IS WHAT we have to say to the ATA

Don’t believe the lies being spread by the trucking companies about the Denham amendment Here is the real truth
Federal Preemption update against Trucker Wages -The fight to be paid for all time

It should be called the “Steal Drivers Wages Bill.”

 

 

 

Drivers, Why do you think the trucking companies are pushing this so hard?

Committee on House Rules- FAA bill and Denham Amendment

Ask yourself one question  Since when has one of these trucking companies cared about your interests? You think they are going to start caring about you now?
Really? Are you kidding?

Now they want drivers to help them (ATA)  further exploit themselves, telling them to call their reps to vote yes for the Denham amendment. The trucking companies want your help to take money away from YOU!

The bottom line on the Denham bill
The Denham amendment is trying to keep you from getting paid for all the time that you work. This is going to cost you and your family your hard earned wages. Make no mistake about it!!!

The trucking industry is trying to sneak this wage theft bill by truck drivers

After battling in the courts for years and losing these issues, the trucking industry is now trying to sneak in a provision eliminating your rights in the FAA Reauthorization Bill with hopes that the provision will go unnoticed by you. You must take action before April 26, 2018.  and contact your Congressperson and urge them to vote NO ON DENHAM Amendment in H.R.4

ENOUGH IS ENOUGH !! Today or Tomorrow could be our last CHANCE to & STOP one of the most EGREGIOUS bills in Trucking History. Please CALL 202-224-3121 NOW
Say NO to Federal Preemption over State Laws
Say NO to Federal Law over Trucker Wages
Say NO to Denham Amendment in H.R.4 ( FAA Re-Authorization bill)
Say NO to another Federal Regulation against TRUCKERS #DenhamAmendment #FAAbill #H.R.4

 

 

 

 

 

 

 

 

 

 

 

ATA Myth vs. Facts: the Denham/Cuellar/Costa F4A Amendment (#140) to H.R.4, the FAA Reauthorization Act:

Below is the ATA  claims of Myth vs. Fact  Ironically the myth are the truth and facts are the distortions.  Under each “Myth- Fact” is our rebuttal in RED Print

Myth: The Denham/Cuellar/Costa Amendment would overturn the ability of states to govern the working conditions of their truck drivers.

ATA Fact: Nothing in the amendment impedes a states’ ability to govern the working conditions of truck drivers engaged solely in intrastate commerce. The amendment specifically ties preemption of state break requirements to USDOT’s jurisdiction under 49 U.S.C. 31502, which applies when the driver works in interstate commerce—regulation of which the Constitution assigns to Congress. For example, a driver who does not cross state lines would be covered under this provision if USDOT has jurisdiction over his/her hours of service because he/she transports goods in interstate commerce – even if he/she works within a single state. In other words, the amendment ensures that all drivers’ hours of service are subject either to USDOT’s jurisdiction or to the state’s break rules—but not both at the same time.

Advocates Rebuttal  Response: This is a red herring. Nowadays there are very few drives who drive routes that are totally local and who drive only intrastate, ie., within one state.

Most line haul drivers, over the road drivers, and regional drivers, have some routes that are interstate. If you drive one route across state lines every four months, even though the majority of your routes are in one state, then you are considered interstate, and the Denham Amendment would preclude you from any protection of a state law that paid separately and hourly for detention time, inspection time, fueling, cleaning, paperwork, layover time, and rest break time. Allowing Denham to pass could also allow the industry to send their local drivers out of state for 1 route every four months and then they, too, would be considered interstate. Anecdotally, the vast majority of truckers would be covered by the Denham Amendment. This attempt to say that the new law only applies to those driving across the country isn’t true and it’s deceptive and misleading.

Myth: California’s state meal and rest break laws were specifically designed to reduce worker fatigue and to protect workers and the public from workplace crashes, injuries, and deaths.

ATA Fact: The federal rules governing driver hours and breaks were developed by USDOT specifically with commercial drivers in mind, based on a review of truck-specific highway safety evidence and fatigue science. The state break rules at issue here, by contrast, are general employment laws, not developed in the context of truck safety concerns, and not rooted in evidence about how best to ensure commercial drivers don’t drive while fatigued. On the contrary, applying state break rules for all employees on top of the federal rules developed for commercial drivers interferes with the nationwide uniformity of the latter, to the potential detriment of highway safety. Moreover, in places like California, employees who work under a collective bargaining agreement are exempt from state break rules. And the rules only apply to employees, not independent contractors—who in trucking make up a significant portion of the driver population. If states had indeed enacted these break rules to prevent crashes and deaths, they would hardly have exempted unionized and independent drivers.

Advocates Rebuttal Response: No one is arguing against the Denham Amendment on the primary basis that state meal and rest break laws were designed to reduce worker fatigue. In California, Labor Code section 226.2 requires pay for all non-productive time for piece-rate workers, and to pay separately and hourly for rest breaks. The Denham Amendment would end that and nullify that. It is true that the right to take two 30 minute duty free meal breaks on a 10 hour shift in California is greater than the one 30 minute meal period before the 8th hour, but that just gives workers more rights not less. If the laws at issue are “general employment laws”, then why is the Denham Amendment trying to argue that they are laws targeting the motor carrier industry that should be preempted? It makes no sense.

The rest breaks allowed by California law of 10 minutes every 4 hours are paid breaks, and Washington has a similar law. Under federal DOT law, the breaks are not paid. So Denham hurts drivers by eliminating pay for rest periods. In California unionized drivers are exempt under Labor Code 512(e) from the meal period requirements of California law, but that’s not true for rest periods, so the statement is inaccurate in that sense. There is no doubt that the right to more rest and meal period than those afforded by federal law would likely result in less fatigue, but that is not the reason these laws were enacted.

The Courts and State Legislatures believe drivers and other piece-rate workers should be paid for all hours worked and that was the primary reason for enactment of Labor Code 226.2 and the rest period laws. In California, drivers can get one hour of pay for each day that a meal or rest period is not provided. This premium pay is ignored by the industry in its analysis.

 Myth: The Denham/Cuellar/Costa Amendment would deny truck drivers from taking the lunch and/or rest break they are granted under state law.

ATA Fact: By its express terms, the amendment would not preempt state break requirements for drivers who are not subject to USDOT’s hours-of-service jurisdiction because they do not work in interstate commerce. And USDOT’s safety-focused regulations already give drivers the right to take a break whenever they feel they need one—with whistleblower protections for drivers who are coerced to keep driving by carriers or customers.

Advocates Rebuttal Response: as noted above, most drivers are interstate if they drive even 1 route out of state every 4 months. Allowing Denham to pass would also allow a company with local drivers to send the drivers out of state once and then they’d be excluded from protection by state law. The DOT rules also allow states to pass additional laws that provide greater rights to drivers with respect to meal and rest breaks, and courts have held that the DOT rules are not in conflict with the more protective rules of California and Washington and other states.

 Myth: The 1994 Federal Aviation Administration Authorization Act preemption provision that the Denham/Cuellar/Costa Amendment clarifies was limited to direct economic regulation of the trucking industry.

ATA Fact: The U.S. Supreme Court has repeatedly held that the F4A’s preemption provision (and the identical provision governing airline deregulation in the Airline Deregulation Act of 1980) expressed a broad preemptive intent, that it extends to indirect as well as direct regulation, and that it is not targeted at economic regulation alone. The Supreme Court has found a wide range of state laws—from consumer protection requirements to the common-law covenant of good faith and fair dealing—preempted under these statutes. And until the Ninth Circuit’s erroneous 2014 decision, the vast majority of lower courts held that existing law preempts state meal and rest break laws—hence the need for clarification offered by the Amendment.

Advocates Rebuttal Response: The Supreme Court refused to overturn the rulings of the Ninth Circuit Court of Appeals, The California Supreme Court and the California Court of Appeals in three different cases, all of which decided that the FAAAA does not preempt or nullify state meal and rest break laws. Prior to the Dilts v. Penske decision rejecting preemption, the lower courts were very split on this issue. However, the Ninth Circuit Court of Appeals said it was an easy case to reject preemption since the meal and rest break laws were general employment laws that did not target the trucking industry, as the ATA acknowledges above. This “Fact” obscures the truth that the US Supreme Court has already agreed with the Ninth Circuit Court of Appeals that the FAAAA does not preempt state meal and rest and non-productive time statutes insofar as the High Court repeatedly refused to over-turn these appellate court rulings.

Myth: This issue has not had a public hearing or any meaningful discussion or analysis.

ATA Fact: F4A has been the subject of ample Congressional discussion and consideration. Over the last 3 years, the issues surrounding federal preemption of state meal and rest breaks have been discussed, debated and voted on in Congress no less five different times. To suggest this matter has not received adequate Congressional scrutiny is simply imaginary and untrue.

Advocates Rebuttal Response: In each of the five prior occasions, Congress decided not to over-turn the court decisions and decided not to retroactively change the meaning of the F4A to protect the industry at the expense of truck drivers’ rights. No one is saying this issue hasn’t been fully voiced before; however, throwing this in as an amendment to an aviation funding bill smacks of back room deals that favor the industry, let them escape from court judgments against them, and insulate them from having to pay for all time worked through an amendment process that is including a topic not germane to the traffic controllers funding bill into that bill. Why not have the issue voted on as a stand alone provision and let it be fully debated on the floor of the Senate and the House ??? Some of the sponsors of the amendment, like the Democratic Congressperson from Fresno, probably did not even understand the implications of this amendment in terms of limiting drivers’ pay for all time worked. It was a secretive “amendment” process that looks like the “swamp” and doesn’t seem to be fully transparent, similar to these “FACTS” being put out now by the ATA.

Myth: The Denham/Cuellar/Costa Amendment has no place in legislation reauthorizing the FAA.

ATA Fact: The Federal Aviation Administration Authorization Act of 1994 explicitly preempted state laws “related to a price, route, or service of any motor carrier … with respect to the transportation of property.” The Denham/Cuellar/Costa Amendment simply clarifies that this preemption provision has always extended to state break rules, contrary to a 2014 9th Circuit decision. As such, the FAA Reauthorization bill currently pending before Congress is an entirely germane and appropriate vehicle for clarifying the earlier FAA bill’s provision.

Advocates Rebuttal Response: Not really. The courts have held that the F4A clearly does not preempt state laws of general applicability, like laws requiring pay for all hours worked by piece-rate workers. The preemption language is not addressed in this FAA funding bill, except for the sole purpose of retroactively trying to change existing court decisions, where the industry lost this issue in Court

Myth: The Denham/Cuellar/Costa Amendment goes beyond the purpose of preventing a patchwork of State laws by preempting existing meal or rest break laws that have been on the books for decades.

ATA Fact: Motor carriers operating in interstate commerce have, since 1994, been subject only to nationally uniform federal rules governing their working hours. The amendment only applies to motor carriers and their employee drivers and does not affect any other industry or independent contractors. The 9th Circuit ruling has unleashed a torrent of lawsuits against motor carriers engaged in interstate commerce. Regulating interstate commerce is a constitutional responsibility of the federal government.

Advocates Rebuttal Response: The courts have consistently rejected these ATA arguments, including the 9th Circuit and the US Supreme Court by refusing to over-turn or hear the 9th circuit ruling. Courts have held since 2011 that trucking companies must pay separately and hourly for rest breaks and non-productive time in several states. The industry does not like these rulings, as they require pay for all time worked. The national DOT regulations themselves allow states to augment their protections. Since when are states rights to make laws relating to workers nullified by federal regulations? There is nothing in the Constitution reserving to the federal government the exclusive right to regulate trucking companies. The industry enjoys the benefits of making tons of profits in various states, but would like to avoid having to comply with the laws of the states in which they operate. That is fundamentally unfair.

Myth: The Denham/Cuellar/Costa Amendment would undermine every state law relating worker compensation, leave and benefits.

ATA Fact: Assertions that the Denham/Cuellar/Costa Amendment would undercut other state laws relating to compensation and benefits represents a gross misreading – and, intentionally misleading reading – of the amendment’s language. The clear intent of the language is – and always has been – to make clear that federal law preempts state law specifically with respect to meal and rest breaks. Moreover, to allay concerns regarding the amendment’s potential impact on driver compensation, the amendment’s sponsors explicitly excluded the “piece-rate” language that had been included in previous iterations. These dramatic and inaccurate characterizations by the amendment’s opponents are nothing more than a desperate, last-minute attempt to undermine a well-reasoned proposal to eliminate conflicts between federal and state rules governing the working hours of interstate drivers.

Advocates Rebuttal Response: The current amendment still precludes states from imposing any law that would require a trucking company to pay more than they are required to pay under federal law – which is basically federal minimum wage of $7.25 per hour. So, the new law is more sly in its deletion of the phrase piece-rate but accomplishes the same thing.

Also, the fact that the Denham Amendment would be retroactive and thus nullify out large settlement and verdicts obtained for drivers shows that the industry is primarily concerned about one thing: preserving its rights not to pay for non-productive time (detention time, waiting time, rest breaks etc), even when judges and juries have ruled that they owe this money. “Retroactively clarifying” something is another way of saying we are going to change the rules going forward and backward so we don’t have to pay more than we do now.

Enough is enough. Drivers wages haven’t increased on a post-inflation basis in over 20 years, while industry profits have increased. The ATA’s “facts” themselves are incomplete, misleading, and designed to protect their constituency: the trucking companies and their ever increasing profit streams. The industry cannot accept that they have lost this issue in Court, so now they want to change the rules and nullify state laws upheld by the judicial system. That’s not a myth – its a raw fact !

**************************************

Why you need to act now!

You need to contact your Congressperson right now and urge them to Vote NO on the Denham Amendment.
202-224-3131 Washington Switchboard. Give them your zip and they’ll connect you.

What can I do to stop this attack on my wages?

Here is what you need to do to stop this. You need to call or send an an email to your Congressperson.

Here are links to both the House and Senate

House https://www.house.gov/representatives

Senate  https://www.senate.gov/general/contact_information/senators_cfm.cfm 

Why you need to include your address in your email if you email your Congressperson
The way this works is when you send an email directly to the office of the Congressman in your district, they will know that their constituents are concerned over an issue. This is why you need to include your address in your email so the Congressman will know that you live in their district.
If you don’t tell the Congressman that you live in their district, they will think your email is spam and they will ignore it. Therefore it is very important that you include your name and address in your email to the Congressman. Your email and its content will only go to the Congressman.

Your email will help convince them that they should stop this attack on your rights and your paycheck. You need to let them know that you won’t stand for the trucking industry trying to take money away from you and your family.

Your chance to make a difference

Believe it or not, this is your chance to make a difference. This is your chance to stand up and be heard and not take it anymore.

Technorati Tags: , , , , , , ,

Share

April 23, 2018 is D-Day for Truckers

Apr
22,
2018
34

Say “NO” to Denham Amendment in FAA Re-authorization bill. Don’t allow Congress to limit Trucker Wages to CPM 202-224-3121

 

 

 

 

 

 

 

 

“Truckers Lose Rights to Additional Wages”

This could soon be the headline read by millions of truck drivers across the country as the Denham Amendment moves to the floor next week, as early as Tuesday, April 24 for vote. Voting could extend to the end of week however, Friday 4-27-18.

This amendment, slipped in to H.R. 4, the FAA Re-authorization Bill, will overturn State Laws that require workers to be paid for all hours worked. Instead, motor carriers would only have to pay drivers for the time they spend driving; no additional pay would be required for any additional work such as post or pre-trip inspections or detention time.

Pushed 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 bills.

The ATA believes this time will be different and the Denham amendment will pass due to the following reasons:

  1. The information will not get out in time to reach drivers, preventing them from contacting their representatives to tell them to vote ‘NO’ on the amendment.
  2. They believe that drivers are too consumed with the ELD mandate and enforcement, that this amendment will ultimately be overlooked, making the 6th attempt passable.
  3. By distorting the true facts behind the Denham Amendment by telling drivers that it is primarily a “meal and rest break” preemption, they believe this time around the deception will be successful.

The amendment will also apply retroactively, meaning that any lawsuits, settlements or judgements won by drivers for employer violations dating back to 1994 will be wiped out.

Truck drivers will lose any and all rights to additional pay and could only be paid their CPM wages, nothing more. They already work 30-40 hrs/wk WITHOUT pay.

On Saturday, April 21 we had an “Open Forum” on the AskTheTrucker “LIVE” broadcast where the Denham Amendment held the conversation for the full 2 hours. Here is the opening of the program:

 

To listen to the full broadcast visit Open Forum Trucker Wages.

Monday, April 23rd is the last day for drivers to call in and reinforce their objection to the Denham Amendment before it most likely will go to the floor on Tuesday for vote. The war against truckers wages continues via the ATA and their lobbying with Congressman Jeff Denham (R) of California.

The ATA is banking on this sixth time around to pass due to sneaking it into the hundreds of pages of the FAA bill and its many amendments at the last moment. The attempt has failed five times before due to so many drivers making the call. It can fail again if they do the same.

House of Representatives Rules Committee – H.R. 4 – FAA Reauthorization Act of 2018 with Amendment #140 The Denham Amendment.

Make the call on Monday, April 23 and tell your representatives once again, truckers say “NO” to the Denham Amendment and are expecting them to do the same.

202-224-3121

Last chance drivers to protect your future wages.

Here is a link to every U.S. senator email and phone

Here is a link to every U.S.Representative

 

Technorati Tags: , , , , , , , ,

Share
To the top