Rest and Meal Break, Federal Aviation Administration Authorization Act of 1994 (FAAAA), Trucking Industry

An Update on Dilts v. Penske Logistics

JAMS on 12/15/2015

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

House Passes Transportation Bill with Meal and Rest Break Implications

Littler on 11/9/2015

On November 5, 2015, the House of Representatives approved a transportation funding bill with an amendment that would reverse a 2014 Ninth Circuit decision that California's meal and rest break laws are not preempted under...more

FAAAA Does Not Preempt California Meal and Rest Period Requirements

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/7/2014

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

Federal Preemption Defense Running Out of Gas?

Orrick - Employment Law and Litigation on 8/14/2014

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

Six Days on the Road and I'm Gonna Park My Truck to Comply with State Laws Tonight

Franczek P.C. on 7/18/2014

My apologies to Dave Dudley. The song “Six Days on the Road” just doesn’t stand up to the changes we would have to make after the Ninth Circuit’s decision that the state meal and rest break laws are not preempted by federal...more

Ninth Circuit Holds FAAAA Does Not Preempt California’s Meal and Rest Break Laws

Littler on 7/16/2014

Last week the U.S. Court of Appeals for the Ninth Circuit concluded, in Dilts v. Penske Logistics, LLC, that the Federal Aviation Administration Authorization Act of 1994 (FAAAA) does not preempt the application of...more

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 7/14/2014

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

Rest and Meal Break › Federal Aviation Administration Authorization Act of 1994 (FAAAA) › Trucking Industry