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State Labor Laws › Commercial Truck Drivers › FMCSA

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!

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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

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

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

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

Morrison & Foerster LLP - Left Coast Appeals on

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

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

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

Jackson Lewis P.C.

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

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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

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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

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

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

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