Ask The Trucker

Raising the Standards of the Trucking Industry


Divide and Conquer as ATA reaches out to Independent drivers

Nov
1,
2018
0

Is a new Independent Trucker program about to be unveiled by the ATA ?  According to American Trucking Association President Chris Spear, the ATA will be announcing the formation of the Independent Contractor Ambassadors Program, a program which appears to be designed to bring independent truckers into the fold of the ATA.

This announcement was part of the Annual ATA meeting ( Oct 27-31)  where many ATA concerns for the trucking industry were discussed according to FreightWaves article
Spear speech to ATA reveals organization plan to reach out to independent drivers

The trade association OOIDA has long been thought to represent professional driver, however, some drivers feel that their efforts are focused more towards Owner Operators, Independents, and small fleets, not company drivers.

When the article announcing the ATA’s Independent Contractor Ambassadors Program  hit the Social Media scene, the reactions were swift and fierce by  all truckers, including Owner Operators and Independents.   The most common of all replies by drivers  to this announcement of recruiting independents into the ATA was ” The ATA does not represent me.”
Many of these comments included expletives which we won’t include in this article, but it displayed the shear disdain drivers have for the ATA.  Most believe the ATA represents the interests of large carriers, not company drivers, owner operators, or independent truckers.

Our immediate Social Media response after reading the article was:

“Reading this article I can see what the ATA plan is, the writing is on the wall.
ATA wants to pin the owner ops against the company drivers to give them more leverage in their fights with FMCSA, Congress, etc…; Example; Denham Amendment, ELD’s and ATA Meal & Rest Break Petition……
These are the same owner operators they screw with their lease purchase programs.
The reason they want to do this, is becausc they need “drivers” to push their agenda.
Their war is on company trucker wages: Denham Amendment and” paid for all time “
What o/o’s need to understand is that when company drivers wages suffer, all wages suffer, including o/o profits.
ATA will use independents like foot soldiers to fight against the interest of company drivers and for the interest of the Mega’s, shooting themselves ( the independents) in the foot while doing so.”

Another response which came out immediately was from TruckerNation.org, a trucker advocacy group founded by Tony Justice. This group and organization is best known for its’ fight against the ELD mandate where they introduced  a Petition to the recent FMCSA ANPRM for Revising Current Hours-of-Service Regulations for Interstate Truck Drivers

TruckerNation FB group response to article:
“There is only one organization that represents truck drivers whether they are O/O or company drivers, either or, we are all truckers… Its been in our mission statement (TruckerNation.org) from day one! Its funny watching these other organizations now trying to make themselves appear as though they represent opposite sides of the industry that they work for???
Prime example right here of how to gauge when you doing something right.
Don’t let this snake in your garden!!!”

For years the ATA has lobbied for more regulations against the interest of professional drivers, including introducing the ELD mandate in Map21.  Among other differences, the ATA has fought for speed limiters,  the Denham Amendment to Override State laws which protect driver wages and safety, increasing Federal truck size and weight, lowering age for interstate drivers to 18, and trucker wages.

Company drivers vs Independents

Trucker wages are not directly being lobbied per say, but by introducing legislation to Congress, specifically the Denham Amendment, the ability to control how and when truckers have to be legally paid, would impede the long sought possibility of wage reform, which includes being paid for all time working, including detention time.

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

The Denham Amendment is written in such a way, that if passed, it would result in revised Federal law which would relieve carriers from the obligation of having to pay drivers for anything other than their piece work wages or the miles they drive, no matter how many hours they work.
The Denham Amendment does not affect owner operators or Independents directly, but indirectly it does greatly, creating industry standards and establishing how all drivers’ time is valued and compensated.

The more unpaid hours you work, the less valued you are

ATA Strategy

Company drivers are paid primarily for the miles they drive, not the number of hours they work.   Because of this, ATA understands well that drivers want as many miles as possible  so they can earn more. It’s called piece work wages. You only get paid for what you produce.

Now, it is well known throughout the industry that  drivers are delayed at docks for hours and hours, sometimes more than 24 hours, and many of them are not paid. Not only are they not getting paid for these hours, but their hours on their 14-hour clock are ticking, limiting
1) Their ability to drive more miles to earn more money
2) Limiting their time available to find parking

Driver Pay

ATA and carriers relish the fact that drivers are only paid for the miles they drive. It keeps them hungry, fighting for as many hours as that they can get, especially since their wages have NOT significantly increased in 4 decades while the cost of living has skyrocketed in that same amount of time. ATA knows all this and wants to keep it that way.
But what does this have to do with Independent Truckers?

Setting standards among company driver wages and how they are paid directly affects freight rates and owner operator profits.

Recent ATA Meal and Rest Break Petition
Since the ATA has lost the fight to include the Denham Amendment into 5 different pieces of legislation, they have now gone back to the FMCSA to petition them again ( they lost this petition 10 years ago) to Preempt State Labor labor laws in order to control how and when drivers are to be paid.
Basically, CA state labor laws require carriers to provide Optional Meal and paid Rest Breaks to their drivers as well as paying them for all non driving tasks, including detention time.   These laws do not affect single truck owner operators or Independents.

Both the Denham Amendment and the Meal and Rest Break Petition were a topic of discussion for ATA.

So Is the ATA in the best interest of Independents?

The fact is that when Company drivers wages remain stagnant and are only paid for their production, owner operators and independents profits will remain limited.  It is a race to the bottom, as owner operators try to keep up with large carriers and their low wage employees as well as their” Mileage Only” pay scheme and free waiting time.  By allowing company drivers to stay waiting for hours at the docks without pay, it sets a standard for independents to do the same in order to compete.

Many owner operators refuse to be a part of the race to bottom however, setting their own demands, winning the battle by maintaining high quality scores and credibility within the industry.

Detention Time- Bringing it all together-

At the ATA annual meeting, ironically was the topic of detention time.  As mentioned earlier, an objective of carriers is to keep wages low, not have to pay for all time worked (Denham Amendment) and keep drivers hungry for more miles since all other time worked is mostly not compensated.

With that said, the mention of  HOS and detention time was brought up by ATA.  Spear said that ELD data coming in would allow “common-sense improvements” to existing rules, and that it would “allow us to tighten the reigns on detention time.”
But then the article continued with an alarming statement regarding split sleeper berth and the possible FMCSA and ANPRM and HOS changes

A scenario, that if a driver was going to be laid up at a distribution center for a lengthy period of time, an allowable 6-4 split on the 10 off-duty hours would enable a driver to possibly spend all of his detention time in the sleeper berth—or elsewhere on the truck—rather than being limited to the 2 hours of the currently mandated 8-2 split.

Is this one more way to preserve hours, to drive more, rather than be paid for all time worked? This may be appealing to Independents, but for a company driver, being told to use their sleeper berth while waiting at the docks, rather than be paid, may not be as persuasive.

Does this mean that a driver should use “sleeper berth” rather than on duty not driving in order to preserve hours?  And why do drivers want to preserve their hours?

Because their wages are low, they are paid by the mile, and are governed by a clock
This formula does not work.

ATA knows drivers want more hours because they’re only paid by the mile so according to this article, it appears that a revision of HOS sleeper berth, although we agree with the idea of Split Sleeper,  could be used as just another way for the ATA to avoid  paying detention time and push drivers to drive more.
PRODUCTIVITY would EXCEED Safety once again

Instead of offering paid detention time, once again their solution appears to be for the driver to use other options while waiting at the docks.  I wonder  how  the FMCSA feels about this?

Our opinion is that the only reason the ATA wants to bring Independents into the fold of the ATA is to bring them on board to fight ATA agendas against company drivers such as the Denham Amendment and the Preemption of States Rights.
Their tactic to do so is FEAR.  Fear that “the states labor laws are coming after Independents next”   This is not true. Labor laws are to protect drivers.

When company drivers wages go up, so will rates and Independent Profits. We are at a time when  company drivers are at the threshold of real driver wage reform, and paid in supplement to their miles driven.
Divide and Conquer may be the answer for the ATA, but it would be a disaster for Independents and ALL drivers.

 

 

 

 

 

 

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Only 2 Days Left to Comment on ATA Petition against truckers

Oct
27,
2018
0

Only 2 Days Left to Comment on ATA Meal and Rest Break Petition against truckers.
A Guide- Facts to Make Comments to ATA Meal and Rest Break Preemption Petition to FMCSA 

Drivers, we have been informed by TruckerNation.org  that the 3 requests to extend comment period for the Petition to FMCSA from ATA addressing California Meal and Rest Break ( a smokescreen for the Denham Amendment goals against trucker wages) HAS BEEN REJECTED.  The Comment Period ENDS OCTOBER 29th!!

We need ALL drivers to make a comment NOW
Comments to California’s Meal and Rest Break Rules; Petition for Determination of Preemption
https://www.regulations.gov/docket?D=FMCSA-2018-0304

Comment NOW! ATA Petition Against Trucker wages and safety-Docket ID: FMCSA-2018-0304 California’s Meal and Rest Break Rules; Petition for Determination of Preemption

We have created A Guide- Facts to Make Comments to ATA Meal and Rest Break Preemption Petition to FMCSA 

This guide will aid you in how to comment. Many drivers are confused about what exactly the Meal and Rest Break Petition has to do with Trucker Wages. The guide will explain.

In addition to sending in a comment to FMCSA, Please sign the OTRSayNO Letter to Administrator Ray Martinez of FMCSA.  http://www.otrsayno.com/

If you cannot make a comment, please, sign the letter. It will take 30 seconds.  OTR SAY NO  

OTRSAYNO

INTRODUCTION to Meal and Rest Break  ATA seeks FMCSA approval to Preempt state laws which protect trucker wages”

 The ATA Petition regarding California Meal & Rest Break Laws is a direct attack against trucker safety and wages. The ATA has muddied the waters with their Petition to FMCSA. Just the title itself “Comments to California’s Meal and Rest Break Rules; Petition for Determination of Preemption” suggests that the petition itself is specific for California drivers and only has to do with not wanting to inconvenience drivers with “meal and rest breaks”.  WRONG!
This Petition is about Preempting State Labor Laws which protect piece work wage employees from being exploited!

Here are a few facts.
Drivers do not like stopping to take breaks, and the ATA knows this. They use the “meal and rest break” as a scare tactic, implying to drivers that California is forcing them to stop every few hours.

ATA also understands that drivers are trying to get as many miles as they can, so they can earn more money since truckers are paid for the miles they drive, not the number of hours they work.

 Trucker Wages – HUNGRY for MORE MILES- ATA and carriers relish the fact that drivers are only paid for the miles they drive. It keeps them hungry and therefore they fight for as many hours that they can get, especially since their wages have NOT significantly increased in 4 decades while the cost of living has skyrocketed in that same amount of time.
ATA knows all this and wants to keep it that way.

DRIVER WAGE DESIGN –California state labor laws are a threat to the driver wage design that carriers find most profitable.

Pay drivers for miles only
Control how many miles drivers get
Pay them 1980 wages
Do not pay them for all other non driving tasks ( such as detention time)
Keep them hungry for more miles in order to make a decent paycheck.

California laws threaten this wage design. California requires carriers:
Provide drivers with optional PAID rest breaks.
Provide drivers with optional meal breaks.
Pay drivers for all time worked, including non-driving tasks and all waiting time.

Drivers must understand the underlying effects of how this petition ultimately affects ALL driver safety and wages, not just drivers who drive solely in California.

Make no mistake, if the ATA is successful at Preempting a States’ Labor laws which protect employees from optional Meal and Rest Breaks, it would also open the door to Preempting ALL of California labor laws, including their law that requires carriers to pay drivers for all time working, including Detention Time. It would open the door to ALL states who have similar wage protection and safety laws.

meal and Rest Break

ATA Petition Against Trucker Wages- Meal & Rest Breaks- Make Your Comments NOW- Deadline October 29th

THE PETITION 

The ATA Petition for Determination of Preemption- California’s Meal and Rest Break Rules 

California’s Meal and Rest Break Rules; Petition for Determination of Preemption Docket ID: FMCSA-2018-0304  https://www.regulations.gov/docket?D=FMCSA-2018-0304

Based on 49 U.S.C. 31141, California Meal and Rest break law should not be preempted.

Overview

According to 49 U.S.C. 31141, the Secretary shall review State laws and regulations on commercial motor vehicle safety. The Secretary shall decide whether the State law or regulation meets the criteria to be enforced or to be preempted.
Clearly, California State Labor Laws is compatible with regulation prescribed by the Secretary under section 31136

The American Trucking Associations, Inc. (ATA) petition to the Federal Motor Carrier Safety Administration (FMCSA) must be rejected based upon 49 U.S.C. 31141.
California’s Meal and Rest break laws should not be preempted, as the Meal and Rest break laws, along with other California labor laws, were created to protect employees from wage abuse and to promote safety. These laws are compatible with present Federal Law, and do not cause any unreasonable burden on interstate commerce.


California Labor Laws meet requirements in 49 U.S.C. 31141 to be enforced by DOT

If the Secretary decides a State law or regulation is additional to or more stringent than a regulation prescribed by the Secretary under section 31136 of this title,
the State law or regulation may be enforced unless the Secretary also decides that

(A) the State law or regulation has no safety benefit;
(B) the State law or regulation is incompatible with the regulation prescribed by the Secretary; or
(C) enforcement of the State law or regulation would cause an unreasonable burden on interstate commerce

CA labor laws should be enforced because
1) They do Increase safety
2) CA State laws ARE compatible with the regulation prescribed by the Secretary
3) CA State laws do not cause an unreasonable burden on interstate commerce

 Reasons for rejecting the ATA Petition for Preemption

  • The ATA falsely claims that California state labor laws will “force drivers off the road” to take their 10-minute rest breaks and 30-minute meal break. This is not true.  Drivers are not forced to take these breaks.
    CA law does however require that Carriers provide the option for the driver to take their paid rest breaks.
  • ATA claims that that the Federal HOS addresses truck driver fatigue better and offers more flexibility because HOS permits drivers to take breaks when needed, not when they’re told to do so.
    Again, this is FALSE. CA law requires carriers to provide the driver with the option to take rest breaks after 4 hours, meal breaks after 5 hours (which can be waived) but does not prevent them from taking additional breaks when they feel the need to.
  • Truck Parking -ATA states truck parking would be greatly exacerbated if drivers take their breaks that the carriers are to provide. Again, this is false. First, CA laws have been on the books for many years, there is no indication of this or a study that has even remotely suggested that the lack of parking in CA is increased because a driver is allowed to rest if needed.  Again, drivers are not forced to take these breaks, but the carrier must provide the option.
  • Paid for all Time – Note that CA Law also requires employers to pay employees for all time worked. This includes detention time. California Labor Code Section 226.2 – Truck drivers in California who are paid by the mile or by the load must be paid separately for time that they are not actually driving.  This means that companies that pay their drivers by the piece must also pay them an hourly rate for time spent doing things like vehicle inspections and detention time.

If the ATA Petition for Meal and Rest Break is granted it would open the door for preempting ALL of State labor laws, including, ”Paying drivers for all time worked”.  This is something that drivers have been continuing to fight for.
Driver wages have not significantly increased in decades.
Drivers work many hours without pay, performing other non-driving tasks (including detention time). CA law requires that drivers be paid for all time working, including detention time.
Drivers are primarily paid for the miles they drive, but are also limited to how many hours they may drive. Hours of Service https://www.fmcsa.dot.gov/regulations/hours-of-service
In other words, they are paid by the mile and regulated by the clock.
It is well known throughout the industry that drivers are delayed at docks for hours and hours, sometimes more than 24 hours, and many of them are not paid. Not only are they not getting paid for these hours, but their hours on their 14-hour clock are ticking, limiting
1) Their ability to drive more miles to earn more money
2) Limiting their time available to find parking as many times drivers hours run out waiting to be loaded or unloaded at the Shippers and Receivers docks.  If they do run out of hours at Shippers or Receivers, many times these facilities do not allow them to park.
AGAIN-California laws require carriers to pay drivers for waiting time and all non-driving work.

  • ATA Argument of Patchwork of State Labor Laws– This is another absurd claim.  There are other states which require drivers to be provided rest breaks.  CA has the strictest requirements, therefore, if carriers comply with CA law, it will also satisfy all other state laws.

6) The ATA claims California’s rules impose an immense burden on interstate commerce as they entail an enormous loss in driver productivity by requiring carriers to provide far more off-duty time within a driver’s duty window than the Agency has deemed necessary under the federal rules.
This is the most ludicrous claim of all. Optional meal and rest breaks will not decrease productivity. Drivers are professionals and comprehend their routes, obligations, and schedules. If they are tired and need to break they will. If they are not, they won’t,
By saying that CA laws causes a loss in driver productivity, designed to promote safety, the ATA is saying that driver productivity is more important than safety.

“Denham Amendment defeated in FAA bill BUT it’s not over- ATA sends petition to FMCSA”

Note: Denham Amendment-  ATA has lobbied Congress to include a provision into major bills which would override state labor laws. The provision created was the Denham Amendment, introduced by Jeff Denham (R-Ca)

Denham Amendment claims that the true intent of Congress in 1994 FAAAA was to be able to preempt state laws such as California and other states who have similar labor laws protecting employees.

Denham is written in such a way, that if passed, it would result in revised Federal law which would relieve carriers from the obligation of having to pay drivers for anything other than their piece work wages or the miles they drive.

This amendment was first introduced in the 2015 FAST ACT and failed. ATA continued to reintroduce Denham to 5 other pieces of legislation and failed, including the latest FAA reauthorization bill, which also failed.

ATA lost the Denham Amendment battle in Congress. Now they are going to the D.O.T to achieve the same outcome.

Please make your comment to https://www.regulations.gov/docket?D=FMCSA-2018-0304

If you cannot make a comment, please, sign the letter. It will take 30 seconds.  http://www.otrsayno.com/

Thank you,
Allen Smith- AskTheTrucker.com
Truth About Trucking, LLC

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How Truckers Confront Dangerous Situations Daily

Oct
24,
2018
0

How Truckers Confront Dangerous Situations Daily

 

Whether handling local deliveries or operating over the road, truck drivers have a reputation for being a particularly spirited group of men and women. The conventional truck driver, in the minds of many, is someone unphased by situations and circumstances that would make most of us turn the other direction. They exhibit grace under pressure and, as they say,keep on trucking.

But to think truck drivers are a bunch of fearless road warriors would be going a bit overboard. It is their skill and ability to confront dangerous obstacles on a daily basis which prepares them to face situations that would be terrifying to most others, thus becoming among the safest drivers on the highway.

Here are several examples of how truckers confront dangerous situations on a daily basis:

Bad Weather

Truckers are constantly on the lookout for bad weather and routinely adjusting their driving to account for changes in precipitation. When an owner-operator looks for a Mack sleeper or a Peterbilt day cab for sale, he makes a point to research how it will maneuver in inclement weather. Learning how a particular rig behaves in wind shears and icy conditions, as well as how certain types of loads affect the situation compared to others, is a requirement for becoming an ace trucker.

Bad Drivers

Efforts to crack down on drunk driving, such as installing a breathalyzer in your car, have helped to make the roads safer, as have laws prohibiting the use of cell phones while driving. But the fact remains that bad drivers are always on the roads. Truckers have to be constantly paying attention to the vehicles around them in the event a bad driver decides to make a dangerous maneuver. The time it takes for a big rig truck to come to a complete stop is significantly longer than that of a passenger vehicle, so truckers have to be able to react exceptionally fast to unpredictable situations on the road.

11 Foot 8 Inches

There’s an infamous railroad bridge in Durham, North Carolina nicknamed the Can Opener, which is only 11 feet, 8 inches high and subsequently can’t be accessed by trucks. Almost like clockwork, the bridge is the site of at least one truck colliding with the overpass every month. While this the extreme example of a low overpass, not making the clearance under a bridge is something many truckers have to take into consideration on their routes, especially those just starting their trucking careers. Fortunately, there are plenty of ways for truckers to avoid low overpasses, mainly by sticking to major roads and interstates. With that said, every truck driver knows they’re out there somewhere, just waiting for an inadequately trained greenhorn or negligent driver to ram into it.

New York City

If you’ve ever looked at employment opportunities in trucking, you may have encountered the following statement in more than one job posting: “No New York City.” So what’s the big deal about the Big Apple? The reasons why it takes a certain type of trucker to make a delivery to New York extends to most major cities throughout the American northeast. Not only is there usually no place to park, taking a wrong turn can take an hour to correct due to the traffic density, one-way streets, and block sizes in a city like New York. With that said, those who are able to rise to the challenge of taking trucking gigs in major urban centers are certain to make a good living due to the demand for qualified operators. In other words, the ability to drive a truck in and out of Lower Manhattan on a Friday afternoon is a badge of honor among truckers.

Truckers are known for being hard to intimidate, but it is their abilities and skill that allow them to overcome the obstacles that most drivers would be afraid of facing. Fortunately for all of us, they manage to keep on safely trucking.

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ATA seeks FMCSA approval to Preempt state laws which protect trucker wages

Oct
11,
2018
1

With the help of thousands of truckers and supporters calling their lawmakers, determined members of Congress standing up and fighting for drivers, once again  the Denham Amendment has been defeated and failed to make it in the Final FAA bill H.R. 302.
FAA Reauthorization & Disaster Program Reforms Signed into Law

BUT IT’S NOT OVER
Denham Amendment defeated in FAA bill BUT it’s not over- ATA sends petition to FMCSA

After 3 years of numerous failed ATA attempts to override and preempt states labor laws which protect employees from wage abuse, the ATA has taken one more desperate attempt to Petition the FMCSA based on 49 U.S.C. § 31141 -stating  that the State of California’s Meal and Rest Break rules are preempted by Federal law ( According to ATA Petition)
ATA seeks FMCSA approval to Preempt state laws which presently protect trucker wages.

ATA believes that offering meal and rest breaks to drivers is an issue that impacts PUBLIC SAFETY.

California’s Meal and Rest Break Rules; Petition for Determination of Preemption
Docket ID: FMCSA-2018-0304

This next attempt by ATA, this time to FMCSA, is a petition to preempt state labor laws using “meal and rest break” as a back door to ultimately accomplish the “Denham language goals” against trucker wages.
In a nutshell: ATA wants Federal Law to ensure drivers only have to be paid for miles driven. Whether it be through Denham Amendment or FMCSA Petition.

The thread that joins Denham Amendment and ATA’s FMCSA Petition

ATA goal of “anti-trucker” Denham Amendment
1)  Regulate driver wages based on changing the meaning and intention of 1994 FAAA
2) Preempt State Rights-and not have to pay drivers for all time ( including detention time) but rather only miles driven.
3) Preempt state labor laws which require carriers to offer optional 10 minute rest breaks and 30 minute meal breaks.

To understand more about the Denham Amendment

1This year at GATS, RWIT hosted “Hot Legal Topics” Here is a Video with experts Craig Ackermann and Aashish Desai explaining the negative effects that Denham purpose can have on Truckers. VIDEO Truck Driver Wages (Denham Amendment)

2STOP New Legislation-Truck Driver Wages at Risk

ATA goes Full Circle once again- Back to FMCSA

Listen to the Replay explaining the ATA Petition to FMCSA- Includes Timeline on how we got here!!!

This is not the first time the ATA has petitioned the FMCSA for this purpose. They tried in 2008, however the petition was rejected.  Read more:

Petition for Preemption of California Regulations on Meal Breaks and Rest Breaks for Commercial Motor Vehicle Drivers; Rejection for Failure To Meet Threshold Requirement

Since 2008 rejection, it’s has gone full circle.  After the failed petition attempt they then took their case of “preempting state rights” to court and lost all the way up to the state Supreme Court. When the U.S. Supreme court refused to hear their case, they then took the next step… LOBBY LAWMAKERS to change law. That’s when the Denham Amendment, introduced by (R-Ca) Jeff Denham, was first introduced in 2015. “How to Ensure Fair Trucker Wages in the 2015 Transportation Bill”

It’s now back to the FMCSA for another petition. So what has changed since 2008?

 ATA Letter to Administrator Ray Martinez- Requesting Exemption/Rulemaking

truckerwages

The ATA Lost in Court. Lost in Congress 5 times to pass Denham Amendment. Now they are petitioning FMCSA to preempt states who protect- #truckerwages

 

AskTheTrucker Comment on the FMCSA website:

Truth About Trucking, LLC aka “AskTheTrucker” ( Allen Smith) requests that the FMCSA deny the ATA Petition– California’s Meal and Rest Break Rules; Petition for Determination of Preemption based upon 49 U.S.C. 31141.

The Meal and Rest Break Preemption is another attempt to override states who protect workers from being exploited. The courts have agreed ( all the way to the Supreme Court) and Congress also agrees, as they have refused to add the Meal & Rest Break provision (known as the Denham Amendment) in multiple final bills, the latest being the recent FAA reauthorization bill H.R. 302  signed into law Oct 5th 2018.

We believe the meal and rest break requirements of California law should not be preempted, as applied to commercial motor vehicle drivers, as preemption of states right do not meet criteria as defined by 49 U.S.C. 31141

This is the second time the ATA has applied for such an exemption from the FMCSA. Nothing has changed since their 2008 petition. Why another attempt at this petition?

The California Meal & Rest Break does not cause unreasonable burden on interstate commerce. The courts have clearly ruled this based on Congress intended meaning of the 1994 Federal Aviation Administration Authorization Act (FAAAA) The only burden it places is on the carrier who can no longer have “free work” in states that require employees to be paid for optional breaks and for all their non-driving tasks such as detention time.  Read rest of the comment here.
http://askthetrucker.com/denham/FMCSA_Meal_And_Rest_Break_Petition_2018.pdf

AskTheTrucker comment posted on FMCSA website

California’s Meal and Rest Break Rules; Petition for Determination of Preemption
Docket ID: FMCSA-2018-0304

ATA Meal Rest Break Petition

If Preemption of states labor laws are accomplished through this FMCSA petition by ATA, it would most likely preempt all state labor laws which protect truckers from being exploited.

MAKE YOUR COMMENT NOW Due Oct 29th

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

§31141. Review and preemption of State laws and regulations

Section 31141 of title 49, United States Code, prohibits States from enforcing a law or regulation on commercial motor vehicle safety that the Secretary of Transportation (Secretary) has determined to be preempted. To determine whether a State law or regulation is preempted, the Secretary must decide whether a State law or regulation:

 Review and Decisions by Secretary.

(1) Review.—The Secretary shall review State laws and regulations on commercial motor vehicle safety. The Secretary shall decide whether the State law or regulation—

(A) has the same effect as a regulation prescribed by the Secretary under section 31136;
(2) Regulations with same effect.—If the Secretary decides a State law or regulation has the same effect as a regulation prescribed by the Secretary under section 31136 of this title, the State law or regulation may be enforced.

(B) State law or regulation is less stringent than such regulation;
(3) Less stringent regulations.—If the Secretary decides a State law or regulation is less stringent than a regulation prescribed by the Secretary under section 31136 of this title, the State law or regulation may not be enforced

(C) is additional to or more stringent than such regulation.
(4) Additional or more stringent regulations.—If the Secretary decides a State law or regulation is additional to or more stringent than a regulation prescribed by the Secretary under section 31136 of this title,
the State law or regulation may be enforced unless the Secretary also decides that

(A) the State law or regulation has no safety benefit;
(B) the State law or regulation is incompatible with the regulation prescribed by the Secretary; or
(C) enforcement of the State law or regulation would cause an unreasonable burden on interstate commerce

Request for Comments due October 29th

 

 

 

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Denham Amendment defeated in FAA bill BUT it’s not over- ATA sends petition to FMCSA

Sep
29,
2018
2

Denham Amendment defeated in FAA bill but it’s not over- ATA sends petition to DOT

Petition from American Trucking Associations sent to FMCSA Administrator Ray Martinez on Sept. 24, 2018, regarding meal and rest break requirements.

Docket ID: FMCSA-2018-030  Make Comments
California’s Meal and Rest Break Rules; Petition for Determination of Preemption

Federal Motor Carrier Safety Administration

Federal Motor Carrier Safety Administration

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

Since 2015, the American Trucking Associations, and the Western States Trucking Association, along with the 50 ATA-affiliated state trucking associations, the National Private Truck Council, the Truckload Carriers Association and the Truck Renting and Leasing Association , have been lobbying Lawmakers to include the Denham Amendment in major pieces of Legislation and have failed.

These proponents of the Denham Amendment claim Federal Government law should supersede all state laws, including state labor laws which allow for optional paid rest breaks and unpaid meal breaks as well as requiring employers (carriers) to pay drivers for all time worked such as waiting time/detention time.
In other words, the ATA and alike, believe drivers should only legally have to be paid for the miles they drive, no matter how many hours they work.

NOTE:  2015 Truckload drivers paid only miles run. A study in 1998 by
Martin Labbe Assoc commissioned by the Truckload Carriers Assoc. reveals truckload drivers spend about 40 Hrs. per week waiting loading and unloading.

How to Ensure Fair Trucker Wages in the 2015 Transportation Bill

ATTENTION Truckers: Tell Congress to Remove Section 134 of the House T-HUD Appropriations bill in the final spending package

Anti-Trucker wage language in 2 bills to ensure cheap labor and high profits

ATA’s Myths and Facts about Denham Amendment Busted

A legislative package disclosed by Congress this past week to reauthorize the Federal Aviation Administration bill does not include the Denham Amendment which means that carriers will remain obligated to follow state labor laws, offering drivers optional meal breaks and rest breaks and also requiring them to pay drivers for all time worked.  Since 2015 this is the 6th time the ATA has attempted to have the Denham Amendment added to major legislation. They have failed to do so.

The new bill, H.R. 302 (the Aviation, Transportation Safety, and Disaster Recover Reforms & Reauthorizations), is scheduled for consideration on the House and Senate floors this week.

Proponents of the Denham Amendment base their claims of
“State Preemption Rights” on
the 1994 FAAA ACT.

TITLE VI—INTRASTATE TRANSPORTATION OF PROPERTY
SEC. 601.

PREEMPTION  OF  INTRASTATE  TRANSPORTATION  OF  PROPERTY..
Except as provided in subparagraph (B), a State, political subdivision of a State,or political authority of 2 or more States may not enact or enforce a law, regulation, or other provision having the force and effect of law related to a price, route, or service…  page 38 Sec 601

1994 faa bill

1994 FAA bill

The 1994 FAAA  was NOT meant to preempt state labor laws. It was meant to regulate Transportation of Property. ( Freight)

The purpose of the “anti-trucker”Denham Amendment
1)  Regulate driver wages based on changing the meaning and intention of 1994 FAAA
2) Preempt State Rights-and not have to pay drivers for all time ( including detention time) but rather only miles driven.
3) Preempt state labor laws which require carriers to offer optional 10 minute rest breaks and 30 minute meal breaks.  Read more: “The Truth about Meal and Rest Breaks”

To understand more about the History of the Denham Amendment
STOP New Legislation-Truck Driver Wages at Risk

FAA Reauthorization bill

How it all started?  The U.S. Supreme Court had denied motions filed by trucking companies seeking to overturn  lower court rulings that upheld a California statute requiring carriers to offer  a paid 10-minute rest break every four hours and a 30-minute meal period every five hours for truck drivers. These breaks were optional to employees.  However, even if the trucker waived their 10 minute rest break, the carrier still had to pay them for it.  But what the carriers really didn’t want to do, is to have to pay drivers separately for all time worked, including waiting time, aka detention time.

The carriers took their case to court and lost all the way up to the state Supreme Court. When the U.S. Supreme court refused to hear their case, they then took the next step… LOBBY LAWMAKERS to change law. (Just as the ELD in Map 21.)

The most recent attempt in major legislation to include the Denham Amendment was passed by the House in the  FAA reauthorization bill, H.R.4.,April 2918. The Senate had not included Denham language in their version of the bill.
Read more Truckers claim small victory for Denham Amendment House vote as they continue their fight on to the Senate.

Now, according to the preview, the chances of the Denham Amendment in the most recent multi-year FAA bill ( H.R.302) are almost zero, with the bill hailed as a last-minute effort by lawmakers in the Senate and the House to “get it done” before the Sept 30th deadline.

An earlier version of the FAA reauthorization bill ( Hr.R. 4), which was passed by the House in May, included the Denham Amendment.

So is the war on Trucker wages over?  According to the ATA CEO manning…NO! The ATA believes that offering meal and rest breaks to drivers is an issue that impacts PUBLIC SAFETY.

The ATA’s next move is a direct appeal to the Department of Transportation.

“We think this is a public safety issue because it’s documented that truck parking is very difficult to find,” Manning said. “In fact it’s very unsafe where trucks are required to park.”

American Trucking Associations (ATA) has petitioned FMCSA administrator  in an attempt to preempt States Rights which protect drivers.

Petition from American Trucking Associations sent to FMCSA Administrator Ray Martinez on Sept. 24, 2018, regarding meal and rest break requirements.

The ATA is trying to preempt state labor laws (overriding with Federal law, to limit trucker wages). These state laws protect employees ( truckers) and require employers ( Carriers) to pay drivers for all time worked, including detention time. They also allow for truckers to take a 10 minute paid rest break and 30 minute non paid meal break, which the drivers can waive.  The ATA is hiding behind the words “safety” and “meal & rest break”, which we have written about on AskTheTruker since 2015.

ATA California Meal Rest Break Preemption Petition

SUMMARY: FMCSA requests comments on a petition submitted by the American Trucking Associations, Inc. (ATA) requesting a determination that the State of California’s meal and rest break rules are preempted by Federal law. Among other things, FMCSA requests comments on what effect, if any, California’s meal and rest break requirements may have on interstate commerce.

Comment Docket ID
:
FMCSA-2018-0304 Agency: Federal Motor Carrier Safety Administration (FMCSA) Parent Agency: Department of Transportation (DOT)Summary:  California’s Meal and Rest Break Rules; Petition for Determination of Preemption

 

 

 

 

 

 

 

 

 

 

ATA convinces House and Transportation Leaders that preempting states’ labor laws is in the name of safety and is burdensome to the trucking industry’s economy. 

In a letter to Transportation Secretary Elaine Chao obtained by Transport Topics ( The ATA), a bipartisan group of House and Senate transportation leaders expressed support for a review by U.S. DOT on the impact state meal-and-rest-break requirements could have on the trucking industry.

This is the letter sent to Transportation Secretary Elaine Chao on Sept. 25, 2018 in support of American Trucking Associations’ petition regarding the meal and rest break rules.

So the War on Trucker Wages is not over drivers.
Read the PDF thoroughly and then make your comment 
https://www.regulations.gov/docket?D=FMCSA-2018-0304

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Taking the Xypper Challenge-Increasing the bottom line for Owner Operators

Sep
12,
2018
0

Why should Owner Operators take the Xypper Challenge?
Efficiency and Higher Profits is the Goal of Xypper for Owner Operators

Xypper’s mission is ultimately to help Owner Operators as much as possible and not flood them with” just another system or loadboard”. It’s a a smartphone-app- and web-based system optimized for independent owner-operators

Xypper believes that their Virtual Dispatch System will give OO’s the competitive advantage by being more efficient, offer high paying loads, and increasing their bottom line.

Xypper is a true virtual dispatch system (VDS). VDS is a multifunction application among its many functions, finding your load and presenting that load without prompting to your device.

Again, VDS is like having your own dispatcher at your fingertips for $25/month.

XYPPER 15 day Free Trial

The Xypper System – About the Developer

Valerio Lanzieri has been an entrepreneur for the past 30 years, primarily in the software communication systems, transportation centric. Val has spent 25 years with major airlines and financial institutions worldwide. During his dealings with the airline industry we noticed there was a strong dependability with the road transport, especially in crisis situations. The difficulty during this was always trying to find a carrier in the area of the load pickup.

The time that was spent on the search was unbelievably long which led Mr. Lanzieri to venture into developing an easier method to connect shippers with carriers. The objective was not to create another loadboard, but more so to create a system that would help everyone be more efficient and reach their objectives of being more profitable, especially Independent Owner Operators.

The first 4 years of development was spent, with intensity, vetting the systems, such as loadboards and any other tools specifically for OO’s. The Xypper team quickly realized there was a flood of loadboards and nothing else to make the OO more independent and efficient. Owner Operators relied basically on the mercy of everyone else and had no real ability to compete with the large carriers. It was like they were neglected and often abused.
After the XYpper team spoke to over 500 Owner Operators and asking what their entire process was, we started the development of the Xypper system.

The Problem with Loadboards

Loadboards did not offer much more than a list of loads, which the drivers had to search and often with the disappointment of the load not being available or not cost effective. They also have a clear disadvantage competing with large carriers due to visibility, (tracking), cashflow and efficiency with paperwork. The large carriers have dispatcher to book loads and distribute them to their drivers, manage all documentation, etc.

 

Xypper Levels the playing field for Owner Operators and raises PROFITS
Xypper is a Virtual Dispatch System Not just a loadboard.

Xypper combines a massive loadboard with a Virtual Dispatch System.

The system offers everything that a dispatcher would do but “virtually”. It sends load offers to the drivers, automatically generating documents such as Order Confirmation, Bill of Lading, Signature capture on smart phone for consignee, Proof of Delivery and Invoice the shipper immediately after shipment is made, reducing reduce the time payment and avoid factoring.
In addition to all this, Xypper offers the ability for shippers to track their shipment live while in transit. These are the same duties a dispatcher would offer except Xypper performs all this in a virtual system
at only $25 a month.

Take the Xypper Challenge

 Make no mistake, there is nothing like Xypper available to Owner Operators.
We invite you to take the Xypper challenge.  We are confident that you will find it more profitable and efficient than any other system you are presently using.

 One load from the system will pay for the service and more. We are so confident you will love the power VDS has to assist your operation that we would like you to try it on us for 15 days.

A human dispatcher will find you loads wherever your headed or in the area you are currently in and offer it to you.  A human dispatcher will send you the order confirmation as well as bill of lading.  A human dispatcher will also, once all is delivered, receive the proof of delivery and invoice your customer for the load you just hauled. Well Xypper’s VDS does all that for you, it’s technology at its best.

Take the Xypper Challenge

 

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Deadlines approach for 2 major trucker issues

Sep
12,
2018
0

Deadlines approach for 2 major trucker issues
1) Advanced Noticed of Proposed Rulemaking for HOS
2) The Denham Amendment in the FAA Reauthorization bill

FMCSA

FMCSA-ANPRM: Hours of Service of Drivers

If you ask truckers what is your focus right now and what are your priorities to see change, you’ll get a variety of answers, and there are many.  However the top 3 appear to be:
1) Creating exemption or eliminating the ELD mandate
2) Change the Hour of Service rule
3) Preventing the Denham Amendment from being included in the FAA bill which would limit trucker wages.

 

Deadlines are approaching for 2 of the above major trucker issues.
Hours of Service(HOS) and the Denham Amendment

  The ELD mandate enforces the Hours of Service rule and the 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 14 hr HOS clock.

The Hours-of-Service (HOS) Advanced Notice of Proposed Rulemaking of the Federal Motor Carriers Association (FMCSA) is a Top Priority as well as the Denham Amendment which the Senate will be voting on before the FAA funding bill runs out Sept 30th

 2 Major Deadlines which truckers are aware of and they are APPROACHING SOON.  Both are equally important and truckers need to make their voices heard on Both.

Deadline #1-  October 10th PUBLIC COMMENT  for the Advanced Notice of Proposed Rulemaking on Hours of Service-

HOS provisions.
To address these requests, FMCSA seeks public input in four specific areas in which the Agency is considering changes: The short-haul HOS limit; the HOS exception for adverse driving conditions; the 30-minute rest break provision; and the sleeper berth rule to allow drivers to split their required time in the sleeper berth.

Docket ID: FMCSA-2018-0248  Comment
Agency: Federal Motor Carrier Safety Administration (FMCSA)
Parent Agency: Department of Transportation (DOT)
Summary: ANPRM: Hours of Service of Drivers

Below is a video by Andrea Marks
She explains details about How to make comments and details about FMCSA Listening Sessions. Andrea is Chief Operations Officer at Marks Land and Livestock,Chief Operations Officer at Hershberger Livestock, and Program Manager at U.S. Department of Agriculture

Andrea is also a major force of TruckerNation.org founded by trucker advocate, singer, and songwriter Tony Justice.

Making effective public comments!

September 22 public listening session information: The Federal Motor Carrier Safety Administration (FMCSA) will hold a public listening session concerning the revision of current hours-of-service (HOS) regulations on September 22, 2018 from 10:00AM -12:00PM in Reno, NV.

September 22 livestream link: Join via computer
https://www.youtube.com/embed/Z8IvHRiwROI?rel=0

Need Help with your comments? Contact Andrea or Tony Justice at thetruckernation@gmail.com

 

Denham Amendment Update:  Deadline #2  The FAA Reauthorization bill will expire Sept 30th.  Drivers need to call NOW 202-224-3121

What is the Denham amendment? It is an amendment which would preempt states rights, states who protect employees, including truckers, ensuring they are paid for all time. The ATA has lobbied Congress since 2015 to have this amendment added to different spending bills in order to control truck driver wages and limit their ability to be paid for all time.

The  Denham Amendment has once again been included in the 2018 FAA Reauthorization bill, where companies would be LEGALLY permitted to only pay drivers for their miles driven, despite the fact that drivers are required to spend a great deal of time performing non-driving duties in the fulfillment of their employment such as pre and post trip inspections, maintenance and loading and unloading ( Detention Time). This would put an end for any possibility of being paid for  all time recorded  as “on duty not driving” 

Denham Amendment Vote No


The Denham Amendment has already been voted on in the House and Passed. It is up to the Senate to stop it from being included in the Final FAA Reauthorization bill.   Read more here

The Denham amendment, if passed, would preempt state laws and state court decisions, many of which have been on the books for decades. These state laws protect workers, including commercial truck drivers, from being exploited by wage theft. .
Read more here  Denham Amendment against truckers slipped in the 2018 FAA Reauthorization bill at 11th hour

So where are we now on Deadline #2 for the Denham Amendment?

FAA authorizations expires September 30th. Thousands and thousands of drivers have called their Senators and it has made a difference in the last 5 attempts that the ATA has tried to get this anti-trucker provision passed into law.

 Although the House has already passed their version of FAA bill, (H.R.4) which Included the Denham Amendment, the Senate is holding out and has not passed their version of the FAA bill. So far, because of YOUR CALLS, they have NOT included Denham Language in their bill.

 In order for FAA bill to be Re-Authorized by Sept 30, both the Senate and House have to come up with a bill agreed upon. (they would have to reconcile their differences)

 Here is what can happen:

1) An extension until the end of the year for FAA to give Senate more time to pass it’s version of FAA.

2) Senate passes their version of FAA, but still enacts an extension because there is not enough time to reconcile difference between the House Version of FAA and Senate Version.

3) The Senate passes their version, and then the House and Senate will appoint conferees to reconcile differences, ultimately to pass FAA. BEFORE September 30th. ( Not likely but still could happen)

 Take nothing for granted drivers. This is how Your Congressmen voted in the House regarding the anti-trucker wage- Denham Amendment

 It’s time drivers.  The ATA is NOW pushing hard to members of Congress for #Denahm Amendment against YOU in FAA bill. Trucker Issues are holding up the FAA reauthorization from reaching a final vote so Keep calling!

 Denham amendment would allow Trucker wages to be limited! Denham Amendment is Disguised under “Meal & Rest Break” but drivers know it means “No pay for detention time and other non driving work”

All Senators list

 Here is the Senate Committee Members list 

CALL NOW 202-224-3121

 

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Heartland Express to Match Money Raised by Annual GATS Auction Benefiting St. Christopher Truckers Relief Fund

Aug
31,
2018
0

During GATS 2018, nonprofit St. Christopher Truckers Development and Relief Fund (SCF) received $16,038 from the Great American Trucking Show’s annual auction and concert in the TA Petro parking area.

Heartland Express to Match Money Raised by Annual GATS Auction Benefiting St. Christopher Truckers Relief Fund

St. Christopher Truckers Development and Relief Fund received $16,038 from the Great American Trucking Show’s annual auction and concert in the TA Petro parking area

Matching donation of $16,038 will help nonprofit serving over-the-road/regional semi-truck drivers and their families.

KNOXVILLE, Tenn. – Aug. 29, 2018 – Over the weekend, nonprofit St. Christopher Truckers Development and Relief Fund  (SCF) received $16,038 from the Great American Trucking Show’s annual auction and concert in the TA Petro parking area.

Shortly after, Heartland Express, a best-in-class transportation and logistics organization, matched the donation for a total of $32,076 to help SCF support over-the-road/regional semi-truck drivers and families in need.

According to event organizers, the amount raised by the GATS event, which included both silent and live auctions, was a record. It originally totaled $15,755, but an additional $283 was raised through games and activities at the SCF booth.

SCF corporate sponsors TravelCenters of America, Blue Tiger USA, RoadPro, 4 State Trucks and others provided auction items along with donations and creations from drivers.

Entertainment GATS 2018 – SCF Auction-

Auction items with the highest bid included a Truckin’ Bozo commemorative issue diecast truck ($1,100), a Jasmine brand guitar autographed by the Bellamy Brothers ($3,100) and a can of beer with a Heniff koozie ($900). “We were blown away by the amount of money raised by truck drivers to help support their colleagues in need,” said SCF Director of Philanthropy and Development Shannon Currier. “It’s a testament to how closely knit our industry is – we take care of each other no matter what.”

The event was primarily organized and executed by drivers, which included Scott Wagner and Melanie Walker of Rapid Response and Bruce and Debbie Richard with Heartland Express. “Already we were thankful to Bruce and Debbie for all their hard work at the booth, but to then find out that their company was going to match the money raised means the world to us,” added Currier. “So many lives will be touched by this generous act. Thank you, Heartland Express.”

Heartland Express Chairman and CEO Michael Gerdin said, “Our employees and drivers are the heart of Heartland. They power us, which is why we want to make sure each of them and their families are cared for and supported. Donating to St. Christopher Fund is like donating to the safety and security of our team. It’s a no-brainer, and I hope other companies in the industry will follow suit.”

Truckers needing assistance from SCF may apply by clicking here (https://truckersfund.org/application/) .
To donate to SCF’s mission to support truckers and their families in financial need, click here to donate to SCF .

About Heartland Express: Heartland Express, Inc. is an irregular route truckload carrier based in North Liberty, Iowa, serving customers with shipping lanes throughout the United States. Heartland focuses on medium to short haul regional freight, offering shippers industry-leading safety and superior on-time service so they can achieve their strategic goals. Since its initial public offering in 1986, Heartland has grown from approximately $20 million in revenue to one of North America’s largest, most profitable, and best capitalized truckload carriers. Heartland has been recognized throughout their history for their exceptional customer on-time service from some of the top shippers in America. For more information, visit HeartlandExpress.com  .

About St. Christopher Truckers Development and Relief Fund: The St. Christopher Truckers Relief Fund (SCF) helps over-the-road/regional semi-truck drivers and their families who are out of work due to a recent illness or injury. Assistance may be in the form of direct payment to providers for household living expenses, insurance, prescription drugs and some medical procedures. The SCF also provides health and wellness programs such as free vaccines and smoking cessation.
For more information, visit TruckersFund.org<https://truckersfund.org/>
. Director of Philanthropy and Development: Shannon Currier shannon@truckersfund.org<mailto:shannon@truckersfund.org> 865.202.9428
Media Contact: Christopher Ruth Chris@Handshake-PR.com<mailto:Chris@Handshake-PR.com> 630.536.9139

Thank you to everyone that participated in the GATS 2018 auction events. Corporate donations received from TravelCenters of America, Blue Tiger Bluetooth, 4 State Trucks, Minimizer, RoadPro Family of Brands, TrukrStik, Hammerlane Apparel, Mother Trucker Yoga, Fleet Mattress, weBoost, SHE Trucking, Jacinda Lady Trucking, Zephyr Polish, Rebecca Thompson Lula Roe, Extreme Friction Fighter, Renegade Polish, White Diamond Polish. Entertainment provided by Bill Weaver, Taylor Barker, Stone Creek Four, Ken Freeman and Paul Marhoefer. Entertainment sponsored by Heniff Transportation and Uber Freight. Auction team: Scott Wagner, Melanie Walker, Bruce & Deborah Richard, Jeff & April Veronen, George Lepisto, Sr., Jennifer Gossman, James & Jennifer Rogers, James Shelley and Robert Barnette. Parking lot events by Randall Reilly and coordinated by Les Willis.

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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

 

 

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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

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