WASHINGTON — Advocates for getting more women into trucking weakened their stance on an overtime pay exemption as they hammered out a report to be submitted to the Federal Motor Carrier Safety Administration.
The change was made on Monday during the final meeting of the Women of Trucking Advisory Board (WOTAB), which was chartered last year by the secretary of transportation and charged with “reviewing and reporting on policies that provide education, training, mentorship, or outreach to women in the trucking industry and recruit, retain, or advance women in the trucking industry.”
Listed among “Essential statements” in its FMCSA report, a WOTAB report drafting subcommittee sought to remove the industry exemption from the Fair Labor Standards Act (FLSA), which currently allows carriers to avoid paying overtime wages to drivers.
“[The FLSA] is a barrier for women to become drivers making it hard to support their families and earn a fair wage with basic protections,” according to the subcommittee’s statement.
However, American Trucking Associations legislative affairs director Alexandra Rosen, a WOTAB member, pushed back on the draft statement, contending that “there would be a high chance that this would impact wages negatively, because many owner-operators are paid by the load and by the mile.
Rosen, who lobbies Congress on labor issues, said that removing the FLSA exemption would “upend 90-plus years of labor law, and I don’t think that impact would necessarily reflect” what the board is intending to do by changing the law.
In defending the statement to remove the FLSA exemption, WOTAB member and professional truck driver Kellylynn McLaughlin responded that one of the major complaints in this industry has been that drivers are not compensated for their time, “which is normally between 60-70 hours per week,” she said.
“The labor protections that are afforded every other industry and employer does not apply to us. And it’s time to take a good look at our protections and that we receive the same protections as others in the workforce.” She also pointed out that the exemption would not affect owner-operators, but would only apply to company drivers.
But Rosen countered that truck drivers who are considered employees under FLSA “are unlikely to receive that increased pay, because employers are going to be incentivized to adjust those compensation rates-per-mile or per load to account for that change, as well as the separate costs associated with overtime hours.”
After the discussion, WOTAB altered the statement. It was changed to read: “Review and research the potential for an industry exemption from the FLSA to determine the degree to which the lack of FLSA applicability to trucking is a barrier for women to become drivers, making it hard to support their families and earn a fair wage with basic protections.”
Debate over the issue of driver compensation resurfaced last week after legislation to remove the FLSA exemption was reintroduced in the House and Senate.
Endorsed by safety advocates and the Owner-Operator Independent Drivers Association, some members of which are company drivers, the legislation was strongly opposed by ATA, which called it “a thinly-veiled attempt to boost trial attorneys’ fees” that would “reduce drivers’ paychecks and decimate trucking jobs.”
Anti-harassment, driver training addressed
In addition to policies that can potentially affect all drivers and carriers, WOTAB’s report focused on other ways to improve the lives of female truckers and boost the ranks of women in the industry.
The report recommended removing drivers who are proved to have committed sexual harassment and assault by setting up complaint-reporting mechanisms outside the company structure.
The board also sought to develop a rating system for carriers “that would demonstrate commitment to industry standards, allow drivers to understand potential safety concerns with carriers, and highlight carriers that actively demonstrate their commitment to upholding anti-harassment standards.”
To address harassment vulnerabilities exposed during CDL training periods, WOTAB’s report advised that, during over-the-road training, “trainers and trainees should never share the same sleeping quarters,” including hotel rooms and sleeping berths.
It also pushed for expanding government grants for training and education for women pursuing a CDL, including offsetting child care, transportation and living expenses.
After receiving and finalizing WOTAB’s report, the FMCSA administrator will submit a report to Congress, as required by law.
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Click for more FreightWaves articles by John Gallagher.
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