Employee/Independent Contractor- Misclassification & the Federal Arbitration Act

Friday 6PM et "TCGO is making a difference for trucking families battling grave situations" AskTheTrucker Live will have an update for you regarding the Truckers Christmas Group, On our last show, "Truckers coming to aid of fellow truckers during TCGO Christmas campaign" we discussed how trucking musicians, industry leaders for trucking charities, and other advocates such as Bill Weaver, Paul Marhoeffer, Taylor Barker, Mandi Jo Pinhierio, Jason Henley, Tony Justice, Ken Freeman, Keith Sampson, and more are working with TCGO to raise awareness and funds for the 2019 TCGO campaign.  This fundraising campaign literally "saves" the Christmas holiday for trucking families. Tonight we will talk about the families and their needs. These are trucking families battling grave situations folks. We also want to give a shout out to those sponsoring families and to all those who have donated to the Truckers Christmas Group, coming to the aid of their fellow truckers in need. Join Tom Kyrk and Donna Smith as they update on the progress and how YOU can help reach the $20,000.00 goal so all the nominated families can be aided.  Let's not turn any of these wonderful families away.   Take the $5.00 donation challenge today and donate here. It's safe, easy, and it will help more than you know. Call in number for the show 347-826-9170 to either listen in or be a part of the show.  

Truckers coming to aid of fellow truckers during TCGO Christmas campaign Saturday Nov 9th 6PM ET  Call in number 347-826-9170 It's that time again! The Truckers Christmas Group Org (TCGO), in its 12 year, is continuing its commitment to help as many trucking families in need during the holiday season as they possibly can.  This year has proven to be particularly challenging for many truckers and their families. Between layoffs, bankruptcies, illnesses, and other catastrophic occurrences, the need for funding is vital.  Learn more HERE   Watch the Christmas Video- How the Truckers Saved Christmas-combined effort by Bill Weaver Music and TCGO  Music copyright Bill Weaver Music-Video Copyright Truckers Christmas Group.Org This year, Trucking musicians, industry leaders for trucking charities, and other advocates such as Bill Weaver, Paul Marhoeffer, Taylor Barker, Mandi Jo Pinhierio, Jason Henley, Tony Justice, Ken Freeman, Keith Sampson, and more are working with TCGO to raise awareness and funds for the 2019 fundraising campaign. Press Release JOIN US TONIGHT Tom Kyrk, TCGO PR Coordinator, co-hosts the show. Learn how you can help our nations truckers.in their time of most dire need. Whether it be volunteering, sharing,a donation, sponsoring a family, or purchasing from the TCGO store, your commitment to help will be a blessing!.  MERRY CHRISTMAS!

It’s not an easy task exploring the reasons for the decline of truckings’ "American Dream" for OTR drivers, company drivers and owner operators. We can make a list of everything wrong with trucking and how it affects truckers, but to pinpoint the problems in order to resolve them is much more difficult. It is a highly intricate and complicated web of obstacles, involving rules and regulations interwoven with industry practices, systems and schemes. Although most of us weren’t a part of trucking prior to deregulation, most will agree that trucking and truck drivers played a major part of the American Dream during that time. Deregulation is not the sole reason for the decline of the American Dream, it has however, caused trucking to evolve into an industry of "them against us" but in order to fix something, we need to understand it. We have the honor to have with us Steve Viscelli, sociologist and long time researcher of  truck drivers and the trucking industry. His pursuit to find out why truckers work so hard and how long-haul trucking went from being one of the best, to one of the toughest blue-collar jobs in the U.S. led him to obtain his CDL and continue his research from behind the wheel. His research, along with his time Over the Road, resulted in his book, “The Big Rig - Trucking and the Decline of the American Dream” Also with us will be our long time friend and fellow advocate Desiree Wood of Real Women In Trucking who will be sharing her present real-time experiences for those who may not be aware of what is currently happening within her organization. Call in 347-826-9170

Saturday April 27th 6PM et Join us for an Open discussion concerning Underrides, addressing a most controversial issues among truckers, the Stop Underrides Act.  We will be taking calls. Call in 347-826-9170 Stop Underride Act Senate bill S.665  Stop Underrides Act House bill H.R. 1511 For 50 years the Federal Government has been discussing, & conducting studies regarding the need for Underride Guards on large trucks,  Written 50 Years ago in Federal Register “It is anticipated that the proposed Standard will be amended after technical studies have been completed, to extend the requirement for underride protection to the sides of large vehicles.”   We strive for facts& truth rather than talking points.Truckers have valid concerns about underrides and we want to address them. Proponents of underrides also have legitimate concerns for supporting the Stop Underrrides Act. Let's hear both sides. Guests on the show: Jerry and Marianne Karth and Lois Durso advocates for Underrides and have lost loved ones due to Underride crashes. These underride deaths were not the fault of either 4 wheeler. One was an improper truck lane change, the other was icy roads. Perry Ponder, inventor of AngelWing, engineer with an accident reconstruction engineering company Aaron Kiefer, forensic engineer & crash reconstructionist, inventor of SafetySkirt Andy Young, CDL holder and truck attorney  

Saturday 2-9-19 6PM ET  347-826-9170 Tonight’s show will open up by discussing a few of the most recent court decisions which have made a profound impact on the side of drivers.    From the recent U.S. Supreme Court decision which ruled to exempt ALL transportation workers from the Federal Arbitration Act, to the most recent ruling from a district court judge in Arkansas, reaffirming that truck drivers need to be paid for every hour they spend in their trucks while they’re not sleeping,  This ruling was based on Department of Labor Wage and Hour Division- Title 29 Section 785 Code of Regulations.. When it comes to drivers wages, there’s a  misunderstanding between the FMCSA’s HOS rules and the Department of Labor’s Wage and Hour Division’s laws. FMCSA rules were created for safety, not for determining wages. The 14 hour rule determines how many hours you may drive and work, The 16 hour rule determines how truckers are to be paid.   It is because truckers are paid by the mile,regulated by a clock, and enforced by an ELD, that this misperception has taken hold.  At a time when driver wage reform is at the forefront of many concerns, the courts have established a baseline of minimum wage and how drivers are to be paid using laws which have already been on the books but have been commonly overlooked.

Thursday 1-24-19  6PM ET  347-826-9170 Part 2 Join us tonight as we have a follow up show with trucker Dominic Oliveira and his Attorney from Public Justice, Jennifer Bennett. Dominic will review his lengthy legal ordeal with New Prime, Inc that ended up in the Supreme Court and Ms. Bennett will explain the legal timeline of events and arguments and how this decision will positively affect truckers in the future. Desiree Wood, who contributed in an Amicus brief, will co-host the show. On 1-15-19 the U.S. Supreme court ruled that Transportation Independent Contractors were no longer held to the 1925 Federal Arbitration Act (FAA). In the past, only employees were exempt from forced arbitration. The decision was held by a unanimous 8-0 decision, with Justices Neil Gorsuch and Ruth Ginsberg strongly agreeing. (How many times in a lifetime will we see that?) For years Carriers have misclassified truckers leased on to carriers as Independent Contractors( IC) for the  purpose of having the trucker pay for all expenses while the carrier still asserts control over most aspects of how the IC does business, many times resulting in the IC earning little, sometime less than minimum wage, and worse yet, end up owing the carrier money. This misclassification had also forced IC’s into arbitration. In March 2015 trucker Dominic Oliveira sued New Prime, Inc in a class-action suit claiming a Fair Labor Standards Act violation for failing to pay its apprentices  lawful minimum wage. Prime claimed that he must go through arbitration, Attorney’s for Dominic said “No” and the rest is history

Truckers helping families in need during Christmas Friday 6PM eastern 347-826-9170 Christmas time! A time of joy and celebration of the Lord's birth. A time when people look forward to family and friends, food, fun, and nostalgia. But for many, this time of year can be difficult. Many have fallen on hard times.  The good news though is that there are many truckers who have stepped up to do what they can do to help others in need out. One such group is the Truckers Christmas Group (TCGO)  TCG is a 501(c)(3) registered charity The Truckers Christmas Group began in 2008 by Truckers who wanted to help Truckers and their families that have fallen on difficult times, The Christmas Group is a volunteer group who have raised $82,000 and helped 138 trucking families in need  over the last 10 years. Our guests tonight will be Idella Hansen, Mark Abraham, and possibly Greg Manchester ( Santa Clause) of TCGO They will share with us the history and some heartwarming stories about people who have been helped during this blessed holiday becasue of folks just like you. They'll also share how you can Nominate a Family to be helped.   Purchasegifts from the TCG Store  or even  Sponsor a Family  Donate to this worthy cause at the TCGO Donation Page.

With us tonight is professional driver Dominic Oliveira and attorney Jennifer Bennett.  We will be discussing a case, Oliveira v. New Prime, Inc, that has been heard by the US Supreme Court and is waiting decision. Depending on the outcome, this case could set an industry precedent for employers and owner operators It is common for many trucking companies to classify employees as Independent Contractors. These Independent Contractors pay for all expenses for the truck and many times end up owing the company money at the end of the week. They are under the control of the company and dispatch, thus really employees. In March 2015, Dominic filed a lawsuit against Prime on behalf of himself and thousands of current and former Prime drivers who have been misclassified as independent contractors. New Prime attempted to force Dominic into arbitration with the company, basing their argument on the Federal Arbitration Act of 1925, which requires those who signed an arbitration clause in their contract to enter arbitration rather than go to court. Exemptions of arbitration in the FAA ".. excluding contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce" This brings up 2 issues with the lawsuit Was Dominic misclassified as Independent Contractor? If he was an Independent Contractor, would he be exempt form forced arbitration anyway? October 3, 2018, U.S. Supreme Court heard oral argument -New Prime Inc. v. Oliveira, No. 17-340.  Read transcripts and listen to oral arguments HERE

BTR Saturday Nov 10- "Trucking’s unspoken topic of Sexual harassment"  3PM ET  Call in 347-826-9170 Donna Smith of AskTheTrucker and guest Co-Host Desiree Wood of RealWomenInTrucking lead the discussion With so many intense topics within the trucking industry, there is one that seems to be kept more hush, the uncomfortable topic of Sexual harassment. There are many reasons why people harass or intimidate others. Whether it be the need to show power, the ability to force what they want through blackmail, or just for narcissistic self gratification. Whatever the reason is, it’s wrong and the industry needs to create better policies to address it. Before we fix it, we have to acknowledge it Here are some thoughts for topic: Has the “industry proclaimed driver shortage” exacerbated the problem of sexual harassment? Has the need to continually recruit new drivers to compensate for the driver churn contributed? Has low CDL training standards contributed? We are honored to have on the show tonight Joshua Friedman of Friedman & Houlding, one of the nations most recognized attorneys defending the rights of others in the area of sexual and racial harassment.  Super Lawyers 2014-2018 Best Attorneys in New York for 2009-2018 New York Magazine as one of “New York Area’s Top Attorneys Mr. Friedman will be discussing his professional experience with sexual harassment victims and will discuss his ongoing case with CRST. Attorney Joshua Friedman discusses CRST sexual harassment lawsuit  

Denham Amendment defeated in FAA bill BUT it’s not over- ATA sends petition to FMCSA ATA seeks FMCSA approval to Preempt state laws which protect trucker wages After 3 years of numerous failed ATA attempts to override and preempt states labor laws which protect employees from wage abuse, the ATA has taken one more desperate attempt to Petition the FMCSA based on 49 U.S.C. § 31141 -stating  that the State of California’s Meal and Rest Break rules are preempted by Federal law ( According to ATA Petition) ATA seeks FMCSA approval to Preempt state laws which presently protect trucker wages. Tonight we’ll discuss what’s behind the ATA “Meal & Rest Break” Petition and discuss how it’s all connected to the recently failed attempt to include the Denham Amendment in the FAA bill. It’s not just about Meal & REST Breaks….  It’s about Preempting Trucker Wages. Call in to listen or to be a part of the show.  347-826-9170