Trenton, New Jersey — Rep. Jeff Van Drew filed the House version of the Guaranteeing Overtime for Truckers Act on Tuesday, seeking to extend overtime protections to long‑haul drivers who routinely work beyond the standard 40‑hour week. The bill, labeled HR 6359, follows a Senate counterpart, S 3273, introduced by Senators Alex Padilla and Edward J. Markey. Both measures aim to remove the motor carrier exemption from the Fair Labor Standards Act of 1938, a loophole that has left truckers without overtime pay for decades.

Motor carriers have long been exempt from overtime requirements, a fact that has cost drivers an estimated $1.5 billion in unpaid labor each year. Van Drew argues that the exemption ignores the reality that many truckers clock 60 to 70 hours weekly, often without additional compensation. The legislation would force companies to pay overtime for every hour beyond 40, including time spent idling at terminals or loading and unloading—periods that drivers are currently paid by the mile and not for the labor involved.

HR 6359 and S 3273 carry the signatures of a bipartisan coalition: Rep. Mark Takano of California, a Republican‑leaning Democrat, joined Van Drew in drafting the House bill, while Padilla and Markey championed the Senate version. The two bills mirror each other’s text, with a key provision that would classify all hours worked by company drivers as compensable, thereby elevating wages across the industry. According to the bill’s language, the change would apply retroactively to the last 12 months, giving drivers immediate relief and a clearer path to fair pay.

What This Means for Drivers

CDL‑A holders who work for fleet companies would see an increase in hourly earnings, as overtime would be paid for every hour beyond 40 in a standard workweek. Owner‑operators, who often rely on mileage rates, would gain a new layer of compensation for idle time at loading docks or during layovers, potentially raising their net profit margins. Fleet managers would need to adjust payroll systems to track hours accurately and ensure compliance with the new federal standard, a change that could cost $5 million to $10 million in administrative expenses over the first year.

Industry Reaction

The Owner‑Operator Independent Drivers Association (OOIDA), representing more than 150,000 drivers, has issued a statement urging members to contact their representatives and senators to co‑sponsor the bill. OOIDA claims the exemption has stifled fair wages for years and that the new law would “eliminate this unfair loophole and help lift compensation for truckers across the industry.” While the association is supportive, several large carriers have expressed concerns that the increased labor costs could lead to higher freight rates, potentially impacting shippers and the broader economy.

Key Points

• The Fair Labor Standards Act of 1938 currently exempts motor carriers from overtime pay.
• Truckers often work 60–70 hours per week without overtime compensation.
• HR 6359 (House) and S 3273 (Senate) aim to remove the exemption and provide retroactive overtime pay.
• OOIDA urges its 150,000+ members to lobby lawmakers for the bill’s passage.

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