The first proposal involves military licensing and state CDL reciprocity, allowing state licensing agencies to skip redundant CDL knowledge tests for both experienced veterans and active duty personnel seeking civilian CDLs. The FMCSA has allowed this sinceallowing the hiring of roughly 18, former military drivers. Truckers are currently driving longer miles with more freight, largely due to an industry driver shortage. While employable workers have been in short supply for years, the situation is growing worse due to retiring drivers and stringent hiring rules.
This is a red herring. Nowadays there are very few drives who drive routes that are totally local and who drive only intrastate, ie. Most line haul drivers, over the road drivers, and regional drivers, have some routes that are interstate. If you drive one route across state lines every four months, even though the majority of your routes are in one state, then you are considered interstate, and the Denham Amendment would preclude you from any protection of a state law that paid separately and hourly for detention time, inspection time, fueling, cleaning, paperwork, layover time, and rest break time.
Allowing Denham to pass could also allow the industry to send their local drivers out of state for 1 route every four months and then they, too, would be considered interstate. Anecdotally, the vast majority of truckers would be covered by the Denham Amendment.
The federal rules governing driver hours and breaks were developed by USDOT specifically with commercial drivers in mind, based on a review of truck-specific highway safety evidence and fatigue science.
On the contrary, applying state break rules for all employees on top of the federal rules developed for commercial drivers interferes with the nationwide uniformity of the latter, to the potential detriment of highway safety.
Moreover, in places like California, employees who work under a collective bargaining agreement are exempt from state break rules. And the rules only apply to employees, not independent contractors—who in trucking make up a significant portion of the driver population.
If states had indeed enacted these break rules to prevent crashes and deaths, they would hardly have exempted unionized and independent drivers. No one is arguing against the Denham Amendment on the primary basis that state meal and rest break laws were designed to reduce worker fatigue.
In California, Labor Code section The Denham Amendment would end that and nullify that. It is true that the right to take two 30 minute duty free meal breaks on a 10 hour shift in California is greater than the one 30 minute meal period before the 8th hour, but that just gives workers more rights not less.
It makes no sense. The rest breaks allowed by California law of 10 minutes every 4 hours are paid breaks, and Washington has a similar law. Under federal DOT law, the breaks are not paid. So Denham hurts drivers by eliminating pay for rest periods.
There is no doubt that the right to more rest and meal period than those afforded by federal law would likely result in less fatigue, but that is not the reason these laws were enacted.
The Courts and State Legislatures believe drivers and other piece-rate workers should be paid for all hours worked and that was the primary reason for enactment of Labor Code In California, drivers can get one hour of pay for each day that a meal or rest period is not provided.
This premium pay is ignored by the industry in its analysis. The DOT rules also allow states to pass additional laws that provide greater rights to drivers with respect to meal and rest breaks, and courts have held that the DOT rules are not in conflict with the more protective rules of California and Washington and other states.
The Supreme Court has found a wide range of state laws—from consumer protection requirements to the common-law covenant of good faith and fair dealing—preempted under these statutes. Prior to the Dilts v. Penske decision rejecting preemption, the lower courts were very split on this issue.
However, the Ninth Circuit Court of Appeals said it was an easy case to reject preemption since the meal and rest break laws were general employment laws that did not target the trucking industry, as the ATA acknowledges above.
This issue has not had a public hearing or any meaningful discussion or analysis. F4A has been the subject of ample Congressional discussion and consideration.
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Over the last 3 years, the issues surrounding federal preemption of state meal and rest breaks have been discussed, debated and voted on in Congress no less five different times.Cohoes shooting + Cohoes police identified the person killed in the Friday shooting on the Mohawk-Hudson bike path as year-old Johni Dunia.
+ City police and mayor Shawn Morse are describing the shooting as an "isolated" incident, and they've haven't released any info about arrests.[TU] + Dunia's mother to CBS6: "I'm quite sure there is someone who killed my son.
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The official homepage of the 1st Tactical Studies Group (Airborne). This site contains unclassified, non-sensitive information. This site features information for the Airborne-Special Operations-Infantry community U.S.
Army-wide. Our mission is to be a catalyst for positive military reform and excellence realizing the future of war is AIRBORNE, not seaborne, and we need greater SHOCK ACTION. Luciani said there are many reasons for the truck driver shortage.
age of a commercial driver in the U.S. is grow and add more drivers beyond its current fleet. “It’s challenging. The Ultimate Website Management and Communications Tool for Unions.
Jul 20, · Is today’s shortage truly a demographic lack of available qualified drivers, or is it a market shortage created by comparatively low pay and unsatisfactory working conditions?
US Trucking News: The US truck driver shortage.