News & Analysis as of

Commercial Truck Drivers State Labor Laws Rest and Meal Break

Seyfarth Shaw LLP

FMCSA To Accept Public Comments In Response To Petitions Seeking Waiver Of Meal And Rest Period Preemption Determination On Behalf...

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Seyfarth Synopsis: On December 26, 2023, the Federal Motor Carrier Safety Administration (“FMCSA”) announced they would be accepting comments from the public in response to multiple petitions requesting waivers from the...more

Benesch

Diagnosis: Whiplash! The FMCSA’s Meal and Rest Break Waiver Proposal

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Providers and commercial users of transportation services necessarily rely upon the predictability and uniformity afforded by national laws and regulations to support the efficient and reliable supply chains that are so...more

Weintraub Tobin

Federal Preemption of California’s Meal and Rest Laws for Truck Drivers Subject to Federal Regulations Applies Retroactively!

Weintraub Tobin on

In California, Wage Order 9-2001 applies to “all persons employed in the transportation industry,” including property-carrying commercial truck drivers. (Cal. Code Regs., Tit. 8, § 11090(1).) Under the order, an employee...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Court of Appeal Confirms Expansive Reach of Federal Meal and Rest Break Preemption

The Federal Motor Carrier Safety Administration (FMCSA) regulates the hours of service for drivers of certain property-carrying commercial motor vehicles. The FMCSA’s regulations include meal and rest break rules that...more

Haight Brown & Bonesteel LLP

California’s Meal and Rest Break Regulations are Preempted by Federal Hours of Service Regulations for Both Long Haul and Short...

In the matter of Espinoza v. Hepta Run, Inc., et al. (Cal. Ct. App., Jan. 19, 2022, No. B306292) 2022 WL 167770, the Court of Appeal considered the following issue: Whether the Federal Motor Carrier Safety Administration’s...more

Jones Day

Ninth Circuit Affirms FMCSA Preemption of California Meal and Rest Break Laws for Drivers Subject to Federal Regulation

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Ninth Circuit decision upholds the Federal Motor Carrier Safety Administration ("FMCSA") determination that federal law preempts California’s meal and rest break laws with respect to Department of Transportation-regulated...more

Payne & Fears

Key California Employment Law Cases: January 2021

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International Brotherhood. of Teamsters, Local 2785 v. Federal Motor Carrier Safety Administration No. 18-73488, 2021 WL 139728 (9th Cir. Jan. 15, 2021) - Summary:  Federal law preempts California’s meal and rest break...more

Morrison & Foerster LLP - Left Coast Appeals

This Week in the Ninth: Rest Breaks and Workweeks

This week, we take a look at two Ninth Circuit decisions considering agencies’ interpretations of the federal laws governing the employment relationship.  In the first, the Court deferred to the Federal Motor Carrier Safety...more

Holland & Knight LLP

Ninth Circuit Decides Federal Law Preempts California Meal and Rest Break Rules

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The anticipated decision by the U.S. Court of Appeals for the Ninth Circuit in Teamsters v. FMCSA dealing with federal preemption of California meal and rest breaks for motor carriers, highlighted in a previous Transportation...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ninth Circuit Upholds Federal Preemption of California’s Meal and Rest Break Laws for Interstate Commercial Drivers

In one of the year’s most anticipated court decisions for the trucking industry, International Brotherhood of Teamsters, Local 2785, et al. v. Federal Motor Carrier Safety Administration, No. 19-70413 (January 15, 2021), the...more

Littler

Colorado Department of Labor Makes a U-Turn on Motor Carrier Exemption

Littler on

On November 10, 2020, the Colorado Department of Labor and Employment, Division of Labor Standards and Statistics (Division) published the final Colorado Overtime and Minimum Pay Standards Order Number 37 (COMPS Order 37),...more

Payne & Fears

Key California Employment Law Cases: January 2020

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Ridgeway v. Wal-Mart, Inc., 946 F.3d 1066 (9th Cir. 2020) - The employer must pay minimum wages to employees for time spent on mandated layovers where the employer’s policy imposes constraints on employees’ movements...more

Perkins Coie

Washington Supreme Upholds Workweek Averaging for Non-Agricultural Piece-Rate Workers

Perkins Coie on

On September 5, 2019, the Washington Supreme Court held that non-agricultural employees do not have to be paid a separate hourly rate for time spent on non-piece-rate activities. Further, workweek averaging, as described in...more

Jackson Lewis P.C.

Federal Law Preempts California’s Meal And Rest Break Laws For Commercial Drivers

Jackson Lewis P.C. on

Judge George H. Wu of the United States District Court for the Central District of California recently dismissed meal and rest break claims brought under the California Labor Code in a class action against motor carrier U.S....more

Sheppard Mullin Richter & Hampton LLP

California’s Meal and Rest Break Rules for Commercial Motor Vehicle Drivers Remain Preempted by Federal Law . . . For Now

Signaling another positive development for interstate motor carriers operating in California, the United States District Court for the Central District of California (the “Central District”) recently dismissed a truck...more

Fox Rothschild LLP

Carriers Benefit As FMCSA Preempts California’s Meal & Rest Break Laws

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The Federal Motor Carrier Safety Administration (FMCSA) recently announced that it was exercising its authority under federal law to rule that California’s meal and rest break laws are preempted and cannot be enforced against...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Agency Preempts California’s Meal and Rest Break Rules for Property-Carrying Commercial Drivers

In an order with significant implications for motor carriers, the Federal Motor Carrier Safety Administration (FMCSA) concluded that California’s meal and rest break rules are preempted by federal transportation law and may...more

Seyfarth Shaw LLP

Legislative Update: Employment Bills Already Signed, Two Weeks Remain

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Seyfarth Synopsis: Governor Jerry Brown has already signed into law legislation covering meal period exceptions for truck drivers delivering commercial feed, adding communications to be considered as “privileged” for purposes...more

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