Concerning Upcoming F4A Legislation That Will Override States Rights.
Current proposed legislation, Part A of the Denham Method, concerning States Rights to Govern and Protect Intrastate Drivers, is being pushed forward by the ATA in upcoming legislation.
Part B concerning Piece Work Wages will follow!
This is the section of the 1994 FAAAA Bill that the ATA claims to preempt States Labor Laws covering Intrastate Drivers.
Subject to paragraph (2) of this subsection, no State or political subdivision thereof and no intrastate agency or other political agency of 2 or more States shall enact or enforce any law, rule, regulation, standard, or other provision having the force and effect of law relating to intrastate rates, intrastate routes, or intrastate services of any freight forwarder or broker.
In 1994 the FAAAA Bill, 49 U.S. Code § 14501 – Federal authority over Intrastate Transportation – effectively ended the States ability to regulate freight within their borders.
Federal regulation had ended in 1980.
The ATA’s quest to eliminate California’s Labor Law protections for Intrastate Drivers started in the early 2000’s in California as the California Trucking Association (CTA) presented this, the most recent, argument in 2008:
“This bill (AB 2530) was sponsored by the California Trucking Association (CTA), who argues that California’s meal and rest period requirements are preempted by federal law regulating the hours of service of truck drivers.
According to CTA, the Federal Motor Carrier Safety Administration (FMCSA) regulates drivers’ hours of service comprehensively. FMCSA does not, however, require mandatory meal or rest breaks as specific intervals within the parameters of the driving time and on-duty time permitted under its rules. FMCSA’s current hours of service regulations limit the hours of drivers of property-carrying commercial motor vehicles in two ways.
First, following ten consecutive hours off duty, a driver may not drive more than eleven hours total or beyond the 14th hour after first coming on duty. Second, a driver may not drive beyond his 60th hours on duty over the course of a seven-day period, or beyond his 70th hour over an eight-day period.
(The Federal 30 minute break came into effect after this case was heard)
There were three previous Failed Attempts to alter Ca. Meal and Rest Breaks.
The nature of this continuing argument tells us that the CTA, California’s arm of the ATA, wanted to eliminate the protections that California Labor Laws provide Intrastate Drivers in order to increase the profit of the carrier.
I find it contradictory the way they use the Federal HOS Rules in making their argument when California has their own HOS for Intrastate Drivers.
California HOS permits 12hrs Drive Time (1hr more than the Federal rules), a 16hr working window (2hrs more than the Federal 14hr rule) and 80hrs in 8 days (exceeding the Federal HOS by 10hrs).
By having two sets of HOS that are acceptable in California, one set for Intrastate Drivers and the other set for Interstate Drivers, has created an environment to exist that is the equivalent to the Labor Law environment the CTA claims to go against the 1994 FAAAA Bill per the ATA’s method of spinning the truth.
The less stringent Ca. State HOS Regulations provide more opportunity for the CTA carriers to Profit so the California HOS issue was ignored in exchange for the Federal HOS so as to make a more favorable argument against California Labor Laws that supposedly interfere with rates.
These Labor Laws Only Interfere With Profit.
“California law generally requires employees (including drivers) to take a 30-minute meal period every five hours.
CTA argues that these requirements are preempted by the federal hours of service statute and regulations because they are an obstacle to the fulfillment of the purposes and objectives of federal law. CTA contends that California’s meal period requirements are also subject to preemption under a separate section of federal law because they impose requirement that are more stringent than federal law and significantly burden interstate commerce while providing little, if any, corresponding safety benefit.
Finally, CTA argues that California’s requirements are preempted by the Federal Aviation Administration Authorization Act because they “relate to” carriers rates, routes and services in a way that interferes with the carriers’ operations.”
The CTA fails to distinguish the difference between Intrastate Drivers who fall under the States Labor Laws and the States HOS while Interstate Drivers do not.
So, are we to believe that California’s Labor Laws obstruct the fulfillment of the purposes and objectives of Federal Law and the California HOS do not?
As I read through the details of this proposed Bill, that failed to pass, this Excuse to Not Pay for missed meal breaks jumped out at me.
“Many types of trucking operations are carefully scheduled to allow drivers to reach immediate destinations where lunch breaks can be safely taken without delaying the complex, multi-step transportation process. While the driver is having a meal, freight arriving from many locations can be consolidated and reloaded for the next stage of its transportation, with a new load being made available for the drivers to transport back to their home terminals.”
To further deny Drivers of income, they, the CTA, are manipulating the Drivers time so that the Driver would take a meal break while being detained, a Job Duty that California Labor Law currently says is to be Compensated Time.
If this legislation is passed, Paid Detention Time would no longer be enforceable per States Labor Laws. This in and of itself would put up another roadblock for Interstate Employee Drivers to ever be paid mandatory detention time.
There are 20 or so States that have similar labor laws as California.
The ATA has failed to affect changes to the law in California that would have then set a precedent to be followed in other States.
Could this be why the ATA is pushing to have F4A Preemption Federal Legislation enacted to supersede ALL States Labor Laws?
Yep, they want to kill 50 birds with one stone!
If the ATA successfully enacts F4A Preemption into Federal Law, which will supersede the States Rights, ALL Intrastate Employee Drivers will have lost protections under their States Labor Laws AND Employee Interstate Drivers could never see higher standards such as the California Labor Laws provide.
Drivers, you need to consider how good that local job will pay, should you want to get a job at home, if the ATA gets this legislation enacted.
I believe that the ATA’s biggest reason for seeking this legislation is that they Know their Carrier Members have been Acting Criminally by Ignoring the Law and so they must take collective action to prevent future law suits and the possibility of law suits stemming from past Illegal Activities!!!
Per the Denham Language, should this upcoming F4A legislation pass, this law will be retroactive back to 1994 and would therefore permit these Criminals to Get Away with the Crimes that they have Committed!!!!
Bill Graves former President & CEO of the American Trucking Association stated in a Transport Topics article titled;
One Country, One Nationwide Rest-Break Rule
“The Federal Motor Carrier Safety Administration, the agency responsible for trucking safety across the country, has said that California’s break rules aren’t about highway safety.”
Court documents from Dilts v Penske, a case, heard in the Ninth District Court, concerning Intrastate Drivers being denied meal and rest breaks quotes;
The panel found persuasive the brief filed by attorneys from the Department of Transportation, the Federal Motor Carrier Safety Administration, and the Department of Justice, which stated that the FAAAA did not preempt state break requirements because it is “squarely within the states traditional power to regulate the employment relationship and to protect worker health and safety.”
The Ninth Circuit held that “generally applicable background regulations that are several steps removed from prices, routes, or services, such as prevailing wage laws, are not preempted, even if employers must factor those provisions into their decisions about the prices that they set, the routes that they use, or the services that they provide.”.
The ATA plays off of the ignorance of Drivers and have manipulated Drivers to believe What the ATA Wants Drivers to Believe, For The Profit of the ATA CARRIERS!!!
The ATA presents a one sided argument and purposely fails to acknowledge any of the States Labor Laws that permit exceptions making compliance, for Intrastate Drivers, reasonably acceptable.
The ATA wants us to believe that Federal Laws apply to All Drivers under all circumstances. As it stands, the Individual States Labor Laws DO NOT apply to Interstate State Drivers operating across State Lines as the ATA would have us believe!
If the ATA is successful in passing legislation that eliminates the standards of the States, concerning Intrastate Drivers, they will have Taken Control over how much to Pay and under what circumstances they are to Pay All Drivers.
The ATA has decided that a case can be made, on their terms, against States Rights by confusing the facts for their Profit at the Expense of Fair and Reasonable Drivers Pay.
If this F4A legislation is passed we Drivers will not see an immediate impact. Intrastate Drivers will no doubt start seeing benefits slowly being taken away and WE OTR Drivers will continue to see our wages lay stagnant as the carriers will be in Full Control of Our Value.
Yes, the 1994 FAAAA Bill took away the States ability to regulate “intrastate rates, intrastate routes, or intrastate services of any freight forwarder or broker” but the ATA would have us believe protections that are in place for the workers, Drivers, fall under the deregulation of freight within a States borders.
You bet, they want you to think this legislation is Good for the Drivers.
Isn’t that how a Con Man works, get on your good side before robbing you blind???
This attempt to take away the States Rights to protect it’s citizens should be Very Alarming to Each and Every One of Us.
For we citizens to do nothing to prevent these Plutocrats from taking our Liberties For Granted indicates that we are agreeable and receptive to the oppression that will follow!
Only You can stop these Predators by informing Your legislatures that it is Their Job to Protect and Serve “We The People” Not the Plutocracies for Their Profit!!!!
F4A Preemption is NOT GOOD for Drivers!
F4A Preemption is NOT GOOD for OUR Nation that consist of 50 States of which WE ARE CITIZENS!
Because States have the Right to govern over their citizens, the Integrity of OUR Nation is held Strongly Intact!!!
Capitol Switchboard: 202-224-3121
Reducing the Value of Intrastate Drivers Reduces the Value of ALL Drivers!!!
Again I must say, the ATA plays off of the ignorance of Drivers.