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Senators Markey, Padilla Push Overtime Reform for Truckers

The Guaranteeing Overtime for Truckers Act would remove the long‑standing motor carrier exemption from the Fair Labor Standards Act, giving CDL‑A drivers and owner‑operators the overtime pay they deserve.

Trucking photo

Washington, D.C. — On September 10, 2026, Senators Edward J. Markey of Massachusetts and Alex Padilla of California introduced the Guaranteeing Overtime for Truckers Act, a bill that would eliminate the motor carrier exemption from the Fair Labor Standards Act of 1938 and grant overtime protection to millions of long‑haul drivers.

The motor carrier exemption has long shielded truckers from overtime pay, a loophole that has contributed to a chronic shortage of drivers and frequent supply chain disruptions. A February 2022 Freight and Logistics Supply Chain Assessment by the U.S. Department of Transportation highlighted alarmingly high turnover rates and compensation problems across the industry, recommending that Congress repeal the exemption. Markey’s own statements echo this sentiment, noting that “truck drivers are the engines of our economy, ensuring that everything from consumer goods to commodities reaches their destination on time.” He added that outdated labor regulations have denied these vital workers overtime, driving up turnover and hurting the entire supply chain.

The bill was first introduced to the House by Representative Andy Levin of Michigan. It now enjoys bipartisan support, with Senators Richard Blumenthal, Bernie Sanders, and Elizabeth Warren adding their endorsements. The Guaranteeing Overtime for Truckers Act would not only restore overtime rights but also address the unpaid long hours that have plagued the industry during the pandemic and recent supply chain crises, when more than 70% of goods across the United States were shipped by truck.

What This Means for Drivers

For CDL‑A drivers and OTR truck drivers, the bill would translate into guaranteed overtime pay for any hours worked beyond the standard 40 in a week. Owner‑operators would see a direct increase in earnings, potentially reducing the financial pressure that often forces them to take on additional routes without proper rest. Fleet managers would need to adjust scheduling to accommodate overtime thresholds, which could improve driver retention and lower recruitment costs. The new rule would also bring trucking operations into closer alignment with FMCSA regulations, ensuring that drivers receive fair compensation for the long hours they spend on the road.

Industry Reaction

While the bill has not yet been met with a formal statement from major carriers, industry analysts predict a mixed response. Large trucking companies may express concern over the additional payroll costs, whereas smaller fleets and owner‑operators are likely to welcome the change as a means to attract and keep talent. The broader industry context suggests that better pay and clearer regulations could stabilize the workforce, a factor that is especially critical as trucking companies hiring continue to grow in the face of nationwide demand for freight services.

Key Points

  • Guaranteeing Overtime for Truckers Act removes the motor carrier exemption from the Fair Labor Standards Act of 1938.
  • Bill introduced to the House by Representative Andy Levin of Michigan.
  • Supported by Senators Richard Blumenthal, Bernie Sanders, and Elizabeth Warren.
  • DOT’s 2022 Freight and Logistics Supply Chain Assessment cited high turnover and compensation issues, recommending repeal of the exemption.

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Photo by Shantum Singh on Pexels

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Dana Merritt
Freight market analyst and former dispatcher with 12 years at a regional flatbed carrier. Dana specializes in spot rates, load boards, and the economics of owner-operator life.