Washington, D.C. — Legislation introduced on Nov. 9, 2023 to strip truck drivers of the Fair Labor Standards Act exemption from overtime pay has stalled in Congress, leaving the industry in limbo.
The overtime exemption, a relic of the 1938 law, has long been a point of contention for drivers who log long hauls and irregular hours. Removing the exemption could reshape pay structures for OTR truck driver crews, CDL‑A drivers and owner‑operators who already navigate tight margins.
Senate Bill 3273, the Guaranteeing Overtime for Truckers (GOT) Act, was filed by Sen. Alex Padilla (D‑CA) and now sits with the Senate Health, Education, Labor and Pensions Committee. Its House counterpart, Bill 6359, languishes in the House Committee on Education and the Workforce with no floor action. Padilla told reporters the bill is "simple and straightforward" and that truckers deserve the same overtime rights afforded to other workers. The International Brotherhood of Teamsters (IBT) has rallied behind the proposal, citing a century‑long denial of overtime for drivers.
What This Means for Drivers
If the GOT Act passes, carriers would have to calculate overtime after 40 hours of work each week, potentially boosting earnings for many CDL‑A drivers and owner‑operators. Freight contracts could be renegotiated to absorb higher labor costs, which might raise rates for OTR truck driver routes. Smaller fleets may face pressure to cut back hours or add shifts, a move that could strain already scarce parking and increase competition for loads. Safety could improve if drivers receive compensation for detention, but the shift could also create bottlenecks in the supply chain.
Industry Reaction
Dave Williams, chairman of the Truckload Carriers Association and senior vice president at Knight‑Swift, warned that the bill would push carriers to shift costs onto shippers, a scenario he called "good intentions with unintended consequences." David Heller, TCA’s senior vice president for safety and government affairs, echoed concerns that mandatory 40‑hour caps might force carriers to monitor hours more tightly, potentially reducing flexibility in a tight freight market. George O’Connor of the Owner‑Operator Independent Drivers Association framed the issue as both fairness and safety, noting that detention at docks raises crash risk by 6.2 % for every 15‑minute delay. Meanwhile, Acting Labor Secretary Julie Su announced a final rule tightening independent‑contractor classification, a move that could pull more drivers into employee status and subject them to the overtime rule.
Key Points
- Senate Bill 3273 (GOT Act) remains in the Senate HELP Committee as of September 2026.
- House Bill 6359 has not advanced beyond referral to the House Education and Workforce Committee.
- IBT claims the exemption has denied overtime to drivers for nearly 100 years.
- TCA warns that overtime costs could be passed to shippers, tightening margins for trucking companies hiring drivers.
Looking for a better trucking job? US Trucker's free job-matching service connects CDL‑A drivers, OTR truck driver, regional driver and owner‑operator with 500+ top US carriers. Leave your details in the form on this page and a recruiter will call you within one business day. Trucking companies are hiring now.
Photo by Igor Passchier on Pexels