Employee truck drivers often work well beyond the standard 40-hour work week. However, motor carriers are not required to provide these drivers any overtime pay.
A bill in the House and Senate is looking to change that.
On Thursday, March 6, Reps. Jeff Van Drew, R-N.J., and Mark Takano, D-Calif., introduced the Guaranteeing Overtime for Truckers Act. Sens. Alex Padilla, D-Calif., and Ed Markey, D-Mass., also confirmed plans to introduce the Senate version of the bill.
The GOT Truckers Act would amend the Fair Labor Standards Act of 1938 to require that truckers receive overtime compensation when they work more than 40 hours in a week. The exemption was created to prevent truck drivers from being encouraged to work excessive hours. However, the opposite has happened. It is common for truck drivers to work 70 hours in a week while receiving a base pay similar to what someone would make in a 40-hour week.
The change would apply to company drivers, but the Owner-Operator Independent Drivers Association said that forcing shippers and receivers to value a trucker’s time would create change throughout the industry.
“America’s truckers are the backbone of our economy, keeping goods moving and ensuring our supply chain stays strong,” OOIDA President Todd Spencer said. “Yet, despite their essential role, trucking remains one of the few professions in America denied guaranteed overtime pay. It’s long past time the hard work of the men and women behind the wheel are fairly compensated. By discounting a trucker’s time, ‘big trucking’ has driven wages downward, treating truckers as disposable rather than the skilled professionals they are. We appreciate Representative Van Drew, Representative Takano, Senator Padilla and Senator Markey for championing the bipartisan GOT Truckers Act, which will right this wrong by securing overtime pay. This legislation is an investment in truckers, road safety and the strength of America’s supply chain.”
Van Drew, who also introduced the bill in the previous session, said it is about being fair to America’s truckers.
“Truck drivers keep our supply chain moving, often working long, exhausting hours to make sure goods get where they need to go,” he said in a news release. “But right now, they are not guaranteed overtime pay like most other workers. It is just not right. The Guaranteeing Overtime for Truckers Act is a simple fix—it ensures that truckers are fairly compensated for the extra hours they put in. These men and women do critical work, and it’s time we make sure their pay reflects that.”
It is an issue that is garnering support from both sides of the aisle, as Democrats Takano, Padilla and Markey also are advocating for truckers to receive overtime pay.
“Truckers are vital for our supply chain, manufacturing and the American way of life,” Takano said. “It is unfair that they are singled out as somehow unworthy of overtime pay. This legislation will help right that wrong and make sure they are fairly compensated for the hours they work.”
In addition to OOIDA, the bill is supported by the International Brotherhood of Teamsters, the Truck Safety Coalition and the Institute for Safer Trucking.
No taxes on overtime?
The bill to remove the motor carrier overtime exemption becomes even more important considering that President Donald Trump has pledged to eliminate taxes on overtime wages.
Trump promoted the idea during his election campaign and then mentioned the plan during his address to Congress on Tuesday, March 4.
“The people who work overtime are among the hardest working citizens in our country,” Trump said during a campaign speech in September 2024.
The bipartisan GOT Truckers Act would not only enable employee truck drivers to receive overtime compensation but also allow them to receive a tax break if Trump’s plan comes to fruition.
Another effort for employee truck drivers
Earlier this week, OOIDA asked Congress to take another action that would benefit employee truckers.
On Tuesday, March 4, OOIDA sent a letter to the Republican members of the House Ways and Means and Senate Finance committees asking them to restore the per diem tax deduction for employee truck drivers. Owner-operators still benefit from the per diem deduction.
Employee truck drivers had been allowed to deduct 80% of the per diem rate in expenses for meals while on the road from their taxes until the Tax Cuts and Jobs Act of 2017 eliminated the provision. The tax bill eliminated several miscellaneous deductions but increased the amount of a worker’s standard deduction. However, the math did not work out to the benefit of company truck drivers.
“We heard from members who received an unexpected tax hike after the Tax Cuts and Jobs Act was enacted – for as much as thousands of dollars more than they had anticipated,” OOIDA wrote. “As part of reconciliation, Congress must restore employee drivers’ ability to deduct daily meal expenses while on the road and maintain the current benefit for owner-operators.” LL
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