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The trucking industry is a key part of the U.S. economy and employs more than 1.6 million older adults. Most trucking companies probably follow federal and state labor laws. But some companies fail to pay drivers the minimum wage or overtime, charge unfair fees, ignore rules about rest breaks and waiting time, or avoid paying workers’ compensation. For about 300,000 workers over age 50 who are living with low income, these problems can put their financial security at risk.
More and more, workers are losing access to the courts because many employers — including trucking companies — require them to use mandatory arbitration instead, which restricts their ability to seek remedies through the normal judicial process.
The Federal Arbitration Act (FAA), passed in 1925, supports arbitration while also protecting workers involved in interstate commerce. In the case at hand, a truck driver in Colorado picked up baked goods that came from out of state, loaded them within 24 hours, and delivered them to local stores within the state. A federal appeals court said he was part of a continuous flow of interstate commerce and was therefore exempt from forced arbitration under the FAA.
The company disagreed and the case is now coming before the Supreme Court. In its amicus brief, AARP and AARP Foundation argue that the company’s approach would close the door on protections for workers who clearly help keep nationwide commerce moving and who face serious wage and hour abuses that cannot be fixed through arbitration.