More from David Cullen's Washington Watch Column: New Efforts to Unkink the Supply Chain [Commentary]
Is Time Up For No Overtime in Trucking? [Commentary]
Congress is taking a look at an old federal law that has prevented truckers from receiving overtime pay ever since. HDT’s David Cullen explores trucking’s overtime exemption.
![Is Time Up For No Overtime in Trucking? [Commentary]](https://assets.bobitstudios.com/image/upload/f_auto,q_auto,dpr_auto,c_limit,w_920/washington-watch-david-cullen-overtime-1_1768074407068_dfwkyf.png)
HDT’s Business/Washington Contributing Editor David Cullen explores trucking’s overtime exemption.
Graphic: HDT
Congress is taking a fresh look at a federal law passed in the second term of Franklin Delano Roosevelt that has prevented truckers from receiving overtime pay ever since. “Companion legislation” — two bills meant to run on roughly parallel tracks across Capitol Hill— have been introduced this year in the House and Senate. Once passed by both chambers with any differences reconciled, the legislation would wipe away the restriction placed on overtime pay for truck drivers for over 80 years.
If it were now made legal for carriers to offer company drivers time-and-a-half pay after 40 regular weekly hours worked for employing motor carriers, a huge dent could be hammered into the driver shortage that keeps a drag on trucking.
The potential for overtime pay would make driving a truck more comparable to how other jobs pay. And, frankly, it would be fairer to compensate drivers for all the extra time they put in beyond 40 hours a week. What’s more, to trucking’s overall benefit, overtime pay would dovetail with drivers’ rising expectations for higher compensation and— even harder to get — adequate “home time,” or at least somewhat akin to that of typical 9-to-5 workers.
The existing law carved out an exemption to the Fair Labor Standards Act that denied company drivers access to the overtime provision that FLSA enshrined for most other hourly workers.
The first of the twin bills to strip away the exemption was introduced in the House on April 14 by Rep. Andy Levin (D-MI). The same day it was referred to the House Committee on Education and Labor. Despite Levin belonging to the majority, or simply because the wheels of Congress do grind slowly, the Guaranteeing Overtime for Truckers Act (H.R. 7517) has gone no further.
A Senate version of the bill with nearly identical text was introduced last month by Sens. Edward Markey (D-MA) and Alex Padilla (D-CA). No action has yet been taken on it.
The House bill is straightforward, which can’t hurt. By amending the Fair Labor Standards Act of 1938 to remove the overtime wages exemption for certain employees, it would require “employers of commercial truck drivers to provide overtime pay to such drivers engaged in a workweek longer than 40 hours.”
“While fixing the discrepancy in existing law is long overdue… my bill also highlights that we are at a crucial moment for the industry writ large,” Rep. Levin said in a statement. He added that a recent DOT report, “Supply Chain Assessment of the Transportation Industrial Base: Freight and Logistics,” points out that, “Despite their tireless work, truck drivers do not receive overtime pay for overtime hours. As a result, the trucking industry faces an extremely high turnover rate as truckers cannot keep up with the thankless demands of their work. “
There is substantial support for removing the trucker overtime exemption beyond Capitol Hill, upping its chances of being passed and signed into law by President Biden. Several top lobbying groups that represent either truck driver or safety advocate interests, have lined up in favor of overtime relief, including the Owner-Operator Independent Drivers Association; the International Brotherhood of Teamsters; the Truck Safety Coalition; the Institute for Safer Trucking; Parents Against Tired Truckers, and CRASH.
“We know that for too long, too many people throughout the supply chain have placed little or no value on a driver’s time,” Todd Spencer, OOIDA President and CEO, said in a statement. “This is partly because of the FLSA overtime exemption.
“Shippers, receivers and carriers have never been forced to account for all the hours that they keep drivers waiting, since it costs them nothing to do so,” he continued. “By repealing the FLSA exemption, this bill would help make sure that drivers are compensated for all the hours they work.”
This commentary was published in the October 2022 issue of Heavy Duty Trucking.
More Fleet Management

How Innovative Trucking Leaders Turn Change Into an Advantage
As the pace of change accelerates in trucking, the fleets that adapt best have more than the latest technology. They have cultures that embrace improvement.
Read More →
Freight Broker Bonds Just Got Harder to Get. Here's What That Means for Your Fleet.
When it gets harder for a freight broker to prove they are financially sound, the ones who cannot clear that bar get pushed out of the market. And those are exactly the brokers who used to leave motor carriers holding the bag.
Read More →
Long-Awaited Canadian Border Bridge to Open in Detroit
For trucking, the bridge opening should offer immediate improvements in efficiency and reliability, with new customs facilities, expanded inspection capacity, and direct freeway-to-freeway connections.
Read More →
Aurora Rolls Out Next Generation of Driverless Trucks for Commercial Freight
Aurora's latest autonomous trucks it's rolling out with International feature lower-cost hardware designed for a million miles as the company expands commercial driverless freight operations across the U.S. Sun Belt.
Read More →
Freight Tonnage Down, Rates up, as Lower Capacity Powers Trucking Recovery
The recovery from the freight recession continues to be driven by reduction in capacity rather than by increased demand.
Read More →
Think Your Trucking Fleet Isn't Using Much AI? Think Again
Shadow AI — the use of unauthorized artificial intelligence tools at work — is becoming increasingly common, putting sensitive company data at risk. Learn how trucking fleets can protect sensitive data while embracing AI.
Read More →
ArcBest Consolidates Brands, Cuts Workforce
The company will bring three business units under the ArcBest brand, eliminate about 2% of positions, and expects the changes to generate $40 million in annual savings.
Read More →
Trucking Fleets Faced Record Operating Costs During Third Year of Freight Recession
ATRI's annual operational cost report shows carriers trimmed fleets, delayed equipment purchases, and ran older trucks as expenses continued to outpace freight rates.
Read More →
Michelin Adds AI Assistant to MyConnectedFleet Platform
Michelin’s new generative AI tool delivers instant fleet insights, helping managers analyze fuel use, tire maintenance, vehicle status, and operational performance without manually creating reports.
Read More →
LytxOne Platform Now Features AI, Compliance, and Asset Tracking Tools
New enhancements add AI-powered insights, asset tracking, compliance automation, and configurable privacy controls to Lytx's all-in-one fleet management platform.
Read More →
