Act Now To Protect Your Wage Rights, Meal and Rest Break Rights

Act Now To Protect Your Wage Rights, Meal and Rest Break Rights

Truck Driver Wage Rights

There is a proposed petition by the American Trucking Association (ATA) before the Federal Motor Carrier Safety Administration (FMSCA) which could substantially reduce the amount you are paid and eliminate your right to take meal breaks and rest breaks. This is called the American Trucking Association or ATA petition on meal and rest breaks

Oppose the Trucking Companies Petition to take away your rights

We need your help to Oppose the trucking companies/ ATA’s petition. It is a blatant attempt to take way your rights.

The trucking industry is trying to sneak this wage theft law by truck drivers

After battling in the courts for years and losing on these issues, and battling in Congress for years and losing on these issues; the trucking industry (read: the American Trucking Association aka ATA) is now trying to sneak in an ATA petition eliminating your rights  with hopes that the provision will go unnoticed by you. You must take action before October 26, 2018.

This is wage theft (the company not paying you all your wages)

The trucking industry is trying to get away with taking truck drivers hard earned wages. This is a direct attack to take food off your table. We can’t let them get away with this. Make no mistake about it – this is all about wage theft – not paying you the wages you are owed.

Under California law you are owed an hour’s wages when the company doesn’t legally provide you with a meal break or rest break. The ATA is trying to take these wages and rights away from you and your family.

It’s nothing but a money grab

This is all about the trucking companies getting away with not paying you the wages you have earned. This proposed ATA petition is going to hit truck drivers right in your wallet.

It’s also a safety issue

On top of that, this affects public safety. As you know when drivers are tired and/or don’t have a chance to eat and rest – both your safety and the public safety is at stake.

Why you need to act now!

Your urgent action is needed to stop this from happening, as a decision regarding the ATA petition eliminating your rights will be made by October 26, 2018 (like other things in US government, this date may be pushed back, but this is our best info right now).

You need to act today.

Please don’t wait. You need to jump on this right now.

I am sorry to have to ask you to take time out from your busy day to do this, but time is of the essence. The trucking company’s (read: the ATA) petition is going to be decided on and you need you to act RIGHT NOW. We need your help to keep this ATA wage theft petition from becoming law.

You need to Oppose the ATA Petition

The way this works is that the ATA has filed a petition before the FMCSA to take away your wages and rights to meal breaks and rest breaks. The FMCSA accepts Opposition from interested parties. We are asking all California drivers to support the attached Opposition to stop the ATA petition.

What can I do to stop this attack on my wages?

Here is what you need to do to stop this. We need your help to Oppose the ATA’s money grab on your wages. The Opposition is going directly to the U.S. Department of Transportation FMCSA.

Why you need to include your address in the ATA Opposition

The way this works is when you support the Opposition, it goes directly to the FMCSA, they will know that you are actually a driver from California.

The ATA petition is only directed against California drivers

In fact, this is one of the things that is completely unfair and mean spirited about the ATA petition. While 21 States give drivers rights to meal breaks and/or rest breaks, the ATA petition is directed only to California drivers. This is why you need to include your address in the Opposition so the FMCSA will know that you live in California.

If you don’t tell the FMCSA that you live in California, they will think your support is bogus and they will ignore it. Therefore, it is very important that you include your name and address in the Opposition.

Your supporting this Opposition will help convince the FMCSA that they should stop the ATA’s attack on your rights and your paycheck. You need to let them know that you won’t stand for the trucking industry trying to take money away from you and your family.

Your chance to make a difference

Believe it or not, this is your chance to make a difference. This is your chance to stand up and be heard and not take it anymore.

What else can be done?

It would be best if every California commercial driver also supports the Opposition to fight the ATA’s takeaway of your rights and wages.

It is critical that you and all the other California drivers support the Opposition, right this very minute

And it would be great that once you support the Opposition that you send this page to other truck drivers and their families so they can help also.

Please also send this webpage to everyone you know and all drivers you know and ask them to help. Post this website on Facebook and other social media. It only takes a few minutes, but it will help protect your hard-earned wages from being stolen by the trucking companies. We need your help to spread the word.

You don’t need to pay any money to make a big difference

You don’t need to pay any money to make a big difference to stop this wage theft by the trucking companies.

You need to Support the attached Opposition to the ATA’s petition

In order to stop this takeaway of your rights and wages by the trucking companies/ ATA you need to support the attached Opposition.

Thanks for stepping up on this important truck driver issue

Thanks so much for your help in stopping the trucking companies from this wage attack on truck drivers. We need all the help we can get to stop this wage theft and basic driver protections.

Please share this on Facebook, Instagram and Twitter

Please send this to all your family, friends, co-workers and other drivers so you can help spread the word on this important issue.

We really need your help

As you realize, you spreading the word on social media is how we are going to defeat this money grab and rights grab by the trucking companies. The trucking companies are spending millions in order to be able to steal your wages and take away your rights. Drivers don’t have that kind of money. We need your help in order to spread the gospel.

Please, please, please take a few minutes to help spread the word. It will be greatly appreciated!!! Please post this on Facebook, Instagram, and Twitter. Have you spouses and kids help you spread the word!!!

Join Now

Here is the Opposition to the ATA Petition:

October 26, 2018

Administrator Ray Martinez
Federal Motor Carrier Safety Administration
1200 New Jersey Avenue SE, Washington, DC 20590-0001

Re: FMCSA-2018-0304 California Meal and Rest Break Rules; Petition for Determination of Preemption

Dear Administrator Martinez:

We are commercial truck drivers in California. We strongly believe the Federal Motor Carrier Safety Administration (FMSCA) should deny the American Trucking Association’s (“ATA”) petition.

The ATA’s petition says California’s meal and break laws force drivers to take breaks “at arbitrary times rather than when they are most needed.” The ATA says that California drivers are “forced” to take rest breaks and meal breaks at “specified times.” The ATA petition also says California’s meal and break laws are unsafe to drivers because they “reduce flexibility” of drivers to take breaks when they are tired. The ATA says that it is “unsafe” for us drivers to follow these laws.

All of us California drivers Opposing the ATA’s Petition know that none of these ATA assertions are true. Far from it. As we all know, all of these claims by the ATA are not true. They are all false.

What is true is that under California law, we have five hours from the time we start working to take a 30-minute lunch. It’s a five-hour window. That is, we have five hours from the time we start driving to take a meal break.

As all of us drivers in California know, it is impossible to drive for five hours in California without having multiple places where we can stop safely. Within five hours, we pass truck stops, rest areas, fast food restaurants, parks, shopping centers and the like. Not to mention, taking meal breaks at customer locations.

The ATA says that under Federal law, that drivers can stop anytime they want within the first eight hours. The truth is that under California law we drivers can stop anytime we want within the first five hours. Further, when we make a stop under California law, that also satisfies the stop we need to make under Federal law. And there’s nothing in these California rules that say we can’t also stop anytime we need to if we feel tired and need rest.

When it comes to California’s 10-minute rest breaks, we can take those if we want to take them. We don’t have to record those. And if we do want to take a rest breaks, we can take them at all of the same type places that we can choose to take a meal break.

Those breaks are just really giving us the same thing we get under the Department of Transportation (“DOT”) rules – breaks when we need them.

We really don’t understand how the ATA can claim that these state meal and break rules are unsafe for us to follow. The ATA doesn’t drive trucks in California. We do. The ATA doesn’t know what it’s like to drive in California. We do. The ATA wants to take breaks and protections away from us California drivers because it thinks we’ll be safer on the roads.

How can less protections and breaks make California drivers safer and the public safer?

We ask the FMCSA to listen to California drivers’ voice and not the ATA’s that pretends to speak for us California drivers. We respectfully urge you to deny the ATA’s petition on California meal and rest breaks.

Join Now