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Friday, March 29, 2024

Truck Drivers Get It In The Wallet, Again.

 

The U.S. House will consider a measure next week that would prevent states from enforcing laws that require carriers to provide drivers with paid meal and rest breaks. Those advocating for the measure say it would protect carriers from court-ordered payouts to drivers for non-driving tasks. Opponents argue it would stamp out driver pay reform efforts ongoing at the state level.

Officially titled the Federal Authority provision, it has come to be called the Denham Amendment after Rep. Jeff Denham (R-Calif.). This attempt at passage has the Denham Amendment included as part of the House’s Federal Aviation Administration authorization bill after being offered in the U.S. House and Senate various times over the past four years.

The provision seeks to have the federal government’s role in managing drivers’ hours of service supersede the state’s role. This would be done by preventing states from enforcing any state-level laws, such as those in California, that require employers to give employees paid meal and rest breaks. It also restricts states from forcing carriers to pay drivers for non-driving tasks. It would not forbid them from providing paid breaks if they choose.

The Denham Amendment is in response to recent court decisions that ruled carriers must comply with state laws regarding paid breaks and could be on the hook for paying drivers for non-driving tasks.

The House is set to vote on the full FAA bill next week, while the Senate has yet to take up an FAA bill this year. For the amendment to ultimately become law, it must be included in both chambers’ bills.