News & Analysis as of

Rest and Meal Break Federal Aviation Administration Authorization Act of 1994 (FAAAA) Preemption

Payne & Fears

Key California Employment Law Cases: January 2020

Payne & Fears on

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

JAMS

An Update on Dilts v. Penske Logistics

JAMS on

In May 2015, the U.S. Supreme Court denied the petition for certiorari in Dilts v. Penske Logistics, LLC. The 9th Circuit Dilts decision had reversed the District Court’s determination that the Federal Aviation...more

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

FAAAA Does Not Preempt California Meal and Rest Period Requirements

In Godfrey v, Oakland Port Services Corp., which was decided on October 28, 2014, the California Court of Appeal issued a published decision holding that the Federal Aviation Administration Authorization Act of 1994 (FAAAA)...more

Orrick - Employment Law and Litigation

Federal Preemption Defense Running Out of Gas?

Recent decisions by the Ninth Circuit Court of Appeals and the California Supreme Court have thrown a road block in the way of employers relying on a federal statute to preempt certain state wage-and-hour law claims. At issue...more

BakerHostetler

The Ninth Circuit Puts Up Road Block to Motor Carrier Arguing that California Break Laws are Preempted by the FAAA Act, But Leaves...

BakerHostetler on

On Wednesday, the United States Ninth Circuit Court of Appeals rendered a decision that, on its face, involved a technical preemption issue, but one that will have serious repercussions for those in the transportation...more

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

California Courts Differ On FAAAA Preemption And Flexibility Provided By Brinker

Federal preemption of California’s meal and rest break laws as applicable to truck drivers under the Federal Aviation Administration Authorization Act (FAAAA) continues to zigzag through California’s federal courts. When...more

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

FAAAA Preemption Continues to Zigzag Through California Courts

Federal preemption of California’s meal and rest break laws as applicable to truck drivers under the Federal Aviation Administration Authorization Act (the FAAAA) continues to zigzag through California’s federal courts. In...more

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

Federal Preemption of Meal and Rest Breaks is Gaining Steam

In a significant decision for transportation companies operating in California, a federal district court judge recently dismissed putative class claims brought by truck drivers who alleged meal and rest break violations under...more

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