Laws – Page 7 – Big Rig Pros

Truck drivers rarely get the luxury of enjoying the average 40-hour work week, so why are some of them exempt from overtime pay? Are truck drivers exempt from overtime? Truck drivers that are required to travel over state lines regularly because they are carrying and delivering goods in trucks that weigh over 10,000 pounds have been exempt from overtime pay because of the Motor Carrier Act. The Fair Labor Standards Act (FLSA), however, does protect most truck drivers and ensure that they are paid overtime. Deciphering the FLSA and the Motor Carrier Exemption How do we know if the truck driver is exempt? What are the rules and laws surrounding these contradictory acts? “The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments.” - U.S. Department of Labor https://www.dol.gov/whd/regs/compliance/hrg.htm The Fair Labor Standards Act protects American workers and ensures that they receive proper compensation for the work that they do. Naturally, one would assume that this protection is extended to all workers in the United States, but somehow it does not. There are truck drivers working 60 - 80 hour work weeks and not being paid overtime. So, why is this even possible if the FLSA laid down clear laws regarding overtime? Enter the Motor Carrier Act. This Act places restrictions on truck drivers involved in interstate commerce. It goes so far as to also affect people that work on the vehicles that are driving across state lines. Who is Exempt by Motor Carrier Act? The following persons are exempt from overtime by the Motor Carrier Act: Drivers employed by a motor carrier or private motor carrierDrivers, driver’s helpers, loaders, and mechanics that work with or on exempted vehiclesAny truck not covered by the small vehicle exception (for vehicles under 10,000 pounds) To be exempt from overtime pay, the employee in question has to meet all three requirements listed in the Motor Carrier Exemption. It is a detailed process that includes lots of tedious research and is most often determined in individualized cases because of this. The first requirement for the exemption is that the driver must be employed by a motor carrier or private motor carrier, and this employment has to be determined by the Department of Transportation’s regulations. Basically, the driver must be employed specifically for interstate commerce - moving goods across state lines. The second requirement for the exemption involves employees that work with or on the motor carrier vehicles. More specifically, these employees have to have duties that work directly with the safety of the vehicle that is being used to go across state lines. If the employee’s job does not relate to the safety of the vehicle, then they are not exempt. The third requirement for the exemption requires the truck in question to weigh over 10,000 pounds. There is a small vehicle exception that allows all trucks weighing less than 10,000 pounds to be eligible for overtime compensation. It’s obvious that the process for determining whether or not a truck driver is exempt from overtime pay demands a thorough examination. All of the detailed evaluation of singular cases is necessary because improperly classifying a truck driver as exempt from overtime is a very costly mistake. What Exactly is a “Motor Carrier?” According to the Federal Motor Carrier Safety Administration, “a motor carrier transports passengers or property for compensation.” Furthermore, the FMCSA defines a private motor carrier as one that “transports its own cargo, usually as part of a business that produces, uses, sells, and/or buys the cargo that is being hauled.” https://www.fmcsa.dot.gov/ What is the “Small Vehicle Exception?” Introduced by the Fair Labor Standards Act, the small vehicle exception is an exception to the Motor Carrier Act that requires overtime be paid to smaller trucks that fit into certain criteria. Common Trucks Included in the Small Vehicle Exception: The following trucks are allowed overtime pay because of the small vehicle exception: Armored trucksSnow plow trucksSalt trucksTow trucksWater trucks More specifically, the small vehicle exception applies to motor carriers and private motor carriers that meet the following guidelines: The employee is a driver, a driver’s helper, a loader, or a mechanic that works with vehicles that weigh less than 10,000 pounds and drive on public highways in interstate or foreign commerce, except when The vehicle is designed or used to carry more than 8 people, including the driver, for pay.The vehicle is designed or used to carry more than 15 people, including the driver, and not used to transport passengers for pay.The vehicle is used to transport hazardous materials regulated by the Secretary of Transportation. The employee’s work is just performing duties on vehicles that weigh less than 10,000 pounds. https://www.dol.gov/whd/regs/compliance/whdfs19.htm When truckers are wrongfully exempted from overtime pay, they are entitled to file a lawsuit against the company or persons employing them for lost wages and more. They’re even eligible for compensation for penalties, attorney’s fees, and more. How are Truck Drivers Paid, Anyway? Truck drivers today are most often paid by the mile, which leaves them overworked and underpaid. Paying by the mile does not take into consideration that things like traffic and weather can cause drivers to literally sit for hours in one place at times. In addition, they sit for long amounts of time while their trucks are being loaded - and they are not getting paid. This gross underpayment has led to a huge turnover in the trucking industry. Who would choose to work in a profession that does not guarantee their employees payment for the entire time they are on the clock? Truckers are essential to our country’s economy. They are driving every single day bringing goods back and forth across the country that the American people directly depend on. Items Commonly Carried by Large Trucks Consumable itemsFood, both refrigerated and non-refrigeratedDrinksLivestockVehiclesBoatsFurniture Not only are truckers moving our economy by transporting goods that are regularly purchased by consumers, but they are also required to risk their own lives and carry hazardous chemicals - again, without being properly compensated for it financially. Hazardous Chemicals Commonly Carried by Large Trucks ExplosivesRadioactive materialsCombustible solidsFlammable liquids and gasesCorrosivesOxidizers https://www.truckaccidentfirm.com/truck-accidents/types-of-truck-cargo/ According to the Department of Transportation, about 7% of all trucks carry these hazardous chemicals. It is understandable that there are rules and guidelines followed to properly secure these materials, but driving on public roads opens the driver up to the mercy of the other drivers and whether or not they are operating their vehicles safely and responsibly. So, further than the issue of being exempt from overtime, there lies the issue of truck drivers being paid per mile, which is a truly broken system. The turnover caused by improper pay causes most of these trucks to be operated by fairly new drivers, and this is a cause for concern. Changing to an hourly wage would benefit the drivers, the companies, and the American people. It would encourage drivers to stay because they are getting paid for the work that they are doing, and it would ensure that drivers are properly trained and have experience behind them when they are driving on public roads. It would ensure safer operation of the trucks. Lack of Cash Flow Even Further Affects Trucker Compensation If most Americans had to wait two to three months to be paid for a job, they would not do it. But guess what? That’s exactly what truckers are doing. Whether a contract is not paid to a trucking company on time or the employer the trucker is working for takes a long time to pay, truckers across the country are literally waiting 60 to 90 days in some instances to receive payment for the work that they do. So, let’s tally this up. So far, truckers are exempt from overtime pay, only get paid by the mile, and may have to wait months for payment. This sounds like the death rattle of a dying industry, when, in fact, the trucking industry is actually being given the chance to thrive in an economy that is finally seeing significant growth. Common Health Issues Truck Drivers Face Because of Poor Working Conditions Think about it - truck drivers spend days, weeks, and even months on the road transporting and delivering goods and more. They have to hunt for places to sleep. They live on fast food and food bought from convenience stores. They have a hard time making medical appointments because they are never guaranteed to be home. What kind of toll does this take on their bodies? Health Issues That Truck Drivers Commonly Face: StressObesity and Sleep ApneaExposure to Dangerous ChemicalsDepressionStimulant DependenceMuscle and Skeletal Issues Stress is probably the most common health issue that truck drivers face - and it is the one that is most connected to not being properly paid for their work. It is common knowledge that stress can make current health issues worse and has been known to create new health issues along the way. Obesity and sleep apnea go hand in hand. Obesity among truck drivers is common because they are at the mercy of their time limits, and they often have to rely on fast food and convenience store food to survive. Sleep apnea is common in overweight people and makes it impossible for them to get a decent rest. Exposure to dangerous chemicals is a necessary evil for truck drivers that transport hazardous cargo. They have no choice but to transport what they are told to transport, so the exposure is beyond their control. Depression is common in truck drivers because they spend a large majority of their time alone with no human interaction. They can start to feel isolation, and it causes them to fall into their own loneliness and despair. Depression is often referred to as the silent killer, so this mental illness is a huge risk for truckers. Stimulant dependence is another issue that can arise with truckers. It is a job that is high on fatigue because of the long bouts of driving, and truckers may begin to rely on stimulants like caffeine, energy drinks and pills, prescription drugs like Adderall, or even illegal stimulants like cocaine and methamphetamines. Muscle and skeletal issues arise within truck drivers because they spend their time in cramped spaces while driving, without proper support for their bodies. This can cause a variety of issues, and it most commonly causes back and neck injuries. Is it at all fair that truckers are being made to endure working conditions that are detrimental to their health simply because the way they are paid forces them to drive fast and far to pay their bills? Let’s Face the Facts - Truck Driving is Dangerous The U.S. Bureau of Labor Statistics reported a 22.1 fatality rate within the trucking industry in 2012, making truck driving the 8th most dangerous occupation in America. It also released other very grim statistics. U.S. Bureau of Labor Statistics: Some workplace statistics are listed as follows: Truck drivers have a workplace fatality rate 6 times higher than the U.S. average of 3.2.The number of truck drivers killed on the job dropped 4% in 2012 but still maintained a high number at 741 deaths.Truck driving fatalities accounted for 10% of all workplace fatalities in 2012.In general, transportation incidents accounted for 2 out of every 5 workplace fatality in 2012.In general, road accidents accounted for 24% of all on-the-job deaths in 2012. https://www.joc.com/trucking-logistics/labor/truck-driving-still-dangerous-job_20130830.html Think of all the issues facing truck drivers while they are on the road - fatigue, hunger, stress, frustration. Truck driving’s challenges, unlike most other job challenges, have a super high potential to cause a fatality. It is no surprise that this job is considered dangerous. Challenges Facing the Trucking Industry There are many challenges that the trucking industry is facing today. A Shortage of Drivers Because they are overworked and severely underpaid, less people actually want to become truck drivers. In fact, most of the current population of truck drivers are over 45 years old. This will lead to an even higher shortage of drivers once the current drivers reach retirement age. Concerns About the ELD Mandate The Federal Motor Carrier Safety Administration has implemented a new policy that requires truckers to install an Electronic Logging Device into their trucks to keep an electronic record of the trucker’s actions. In the past, trucker’s were allowed to log their driving times and miles by hand, but that is no longer allowed. This device can record things like if the engine is running and if the vehicle is moving and the location of the vehicle. It is meant to impose strict limitations on hours truckers are allowed to work per day and how much off-duty time they must have between trips. The implementation of this device has not gone smoothly, and it has received lots of criticism from both drivers and companies. As of now, a number of states are not requiring that truckers be ticketed for not having their ELD. The Desire for Flexible Hours of Service The freedom of flexible hours of service ended with the ELD Mandate. One major issue in this category is the requirement for 8 hours logged as sleep per day. Most people in the industry believe that sleep should be able to be split up into different times of the day, so truckers can sleep when they are tired and adjust their schedules accordingly. Lack of Parking for Trucks There are not enough approved places for truckers to park to have adequate rest and self-care. A large majority of truckers report that they often park in places not authorized for large trucks and take a risk because they cannot find proper parking. Keeping Drivers Employed Driver retention is a trucking industry issue that mirrors the same reasons that there is a shortage of truck drivers - poor working conditions, lack of proper compensation, and being overworked. It is proving highly difficult for the industry to keep workers for long periods of time. How Our Crumbling Infrastructure Affects Truckers As I’ve stated before, truckers are urged to drive fast and far in order to make their paychecks count because of the way they are paid. How does our infrastructure affect this? Any driver today can attest to the fact they roads they drive on are not well kept up. Talk to a trucker, and you’ll hear how there are horrible, unkempt roads all across the United States. With our economy seeing a positive upslope, the trucking industry is struggling to keep up with a shortage of drivers, and the drivers currently employed are being urged to drive even faster and farther. And they are doing this on roads that have not been properly cared for by our government. Imagine a large 18-wheeler carrying hazardous chemicals on the interstate. Now, imagine that same large truck hitting a patch of particularly bad road, and its tires connect with a very deep pothole. This could easily send a truck into a jack-knife position, endangering not only the driver, but causing a pile-up of cars on the interstate - all with hazardous waste in the mix. Properly paying truckers could lessen the chances of this happening. Giving a truck drivers compensation by the hour and allowing them to get overtime pay would encourage them to take their time, causing less accidents - especially on our neglected infrastructure.