Overdrive Magazine | Trucking Business News & Owner Operator Info
Issue link: http://read.dmtmag.com/i/989498
June 2018 | Overdrive | 29 www.texastrucktuning.com • 817.526.5770 ECM tuning for all engines and makes. Professional tuning options for EGR, DPF and DEF (Urea) solutions for o highway use and exempt vehicles. Nation wide network and fi rst class customer service. If you want to become a dealer, call us today. Mack and Volvo tuning available. * for o Highway, exempt and closed circuit applications only. Not allowed for use on public roads or emission controlled states. Not legal for sale in the state of California. Call us for pricing and appointments Legendary Consulting_OVD0618_PG.indd 1 6/27/18 9:38 AM A provision on the table in Congress aims to protect trucking companies, including carriers with only a few trucks, from litigation that could force them into costly settlements. Those pressing for the passage of the provision, known as the Denham Amendment, say a 2014 court deci- sion set a dangerous precedent for carrier employers — one that's caused a wave of lawsuits targeting trucking companies. Smaller carriers in partic- ular are being hammered by follow-up litigation stemming from the 2014 decision, says Joe Rajkovacz, head of government affairs for the Western States Trucking Association. "What I see is $300,000 shakedowns by lawyers who get a hold of one of our members who has 15 trucks, and they end up paying that to make this go away," he says. "Walmart doesn't get much empathy, nor J.B. Hunt or Schneider. But it's the small businesses that are really getting screwed by this." The 2014 decision ruled that car- riers must comply with state laws that require employers to provide meal breaks and paid rest breaks to employees. The ruling has spurred a flurry of lawsuits driven by attorneys glomming on to the issue. They're suing California-based interstate carriers, seeking driver payments into the millions of dollars for not provid- ing drivers with breaks. Opponents of the Denham Amendment include the Owner- Operator Independent Drivers Association and the Teamsters Union. The Denham Amendment would "overrule court precedents confirming that truck drivers are enti- tled to basic workplace protections," said the Teamsters after the passage of a Federal Aviation Administration reauthorization bill in the House that included the Denham Amendment. The American Trucking Associations also has been a strong supporter of the Denham Amendment, named for U.S. Rep. Jeff Denham (R-Calif.), who has offered the amendment several times in the House in recent years. The group argues the 1994 Federal Aviation Administration Authorization Act states clearly that federal hours of ser- vice laws pre-empt state laws that try to regulate trucking. – James Jaillet Small California carriers eye relief from costly lawsuits