Court Finds Meal And Rest Period Rules Preempted For Some Employers

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California law mandates that employers provide employees who work more than five hours with a 30-minute meal break prior to the sixth hour of work, and a second 30-minute meal period for employees who work more than 10 hours. Employees are also entitled to a 10-minute rest period for every four hours, or major portion thereof, worked. A recent court ruling held that these regulations are preempted by a federal law which covers motor carriers. Dilts v. Penske Logistics.

The class of employees consisted of appliance delivery drivers and installers. Because Penske expected that its employees would take the meal periods to which they were entitled, it automatically deducted the meal periods from employees' wages. Penske asked the court to dismiss the employees' meal and rest period claims, asserting that California's meal and rest period laws are preempted by the Federal Aviation Administration Authorization Act of 1994 (FAAAA) as a matter of law....

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