News & Analysis as of

Rest and Meal Break Wage and Hour Trucking Industry

Benesch

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

Benesch on

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

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

Jackson Lewis P.C.

California Court of Appeals Rules Short Haul Drivers’ Claims Preempted by Federal Motor Carrier Safety Administration Rules

Jackson Lewis P.C. on

In Espinoza v. Hepta Run, Inc., the California Court of Appeal reiterated that federal law preempts California meal and rest period requirements for motor carriers and confirmed such preemption also applies to short-haul...more

CDF Labor Law LLP

Federal Regulations Trump California’s Meal and Rest Break Rules For Short Haul Drivers Too

CDF Labor Law LLP on

Employers in the trucking industry have repeatedly tried to challenge the applicability of California’s stringent meal and rest break laws to their workers, in light of the practical difficulties of complying with those rules...more

Jones Day

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

Jones Day on

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

Payne & Fears on

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

CDF Labor Law LLP

Ninth Circuit Green-Light’s FMCSA Decision to Preempt California Break Rules

CDF Labor Law LLP on

The Ninth Circuit Court of Appeals recently upheld the Federal Motor Carrier Safety Administration’s (FMCSA) determination that federal law preempts California’s meal and rest break requirements as to drivers of...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

Payne & Fears

Ninth Circuit Upholds FMCSA Preemption of California Meal and Rest Break Laws

Payne & Fears on

The United States Court of Appeals for the Ninth Circuit on January 15 upheld the Federal Motor Carrier Safety Administration’s (“FMCSA”) determination that federal law preempted California’s meal and rest break rules (“MRB...more

Benesch

Despite Recent Challenges, California Meal and Rest Break Remains Pre-empted, While Briefing Closes in the Ninth Circuit Case

Benesch on

Department of Transportation dismisses the California Labor Commissioner’s Petition for Reconsideration of California’s Meal and Rest Break Rules. While briefing in the Ninth Circuit closes, oral Argument in Intl Brotherhood...more

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

Washington Supreme Court Approves Trucking Industry Piece-Rate Compensation Practices

Last year, the Washington Supreme Court considered the following certified question: “Does the Washington Minimum Wage Act require non-agricultural employers to pay their piece-rate employees per hour for time spent...more

Burr & Forman

U.S. DOT to Release Important Potential Changes to Hours of Service Regulations, Including Hitting the Pause Button

Burr & Forman on

On August 14, 2019, the Department of Transportation announced proposed changes that have been in the works for the last couple of years – changes which will hopefully empower (rather than constrain) commercial drivers for...more

Bradley Arant Boult Cummings LLP

Is Sleeping Working? – DOL Issues Opinion Letter on Sleeping While on the Job

When is sleeping working? According to a recent DOL Opinion Letter, probably not when it occurs off duty in a sleeper berth of an over-the-road truck. A trucker’s job is to haul a load from Point A to Point B, which often...more

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

California Court Delivers Trucking Company a Meal/Rest Break Win and Limits the Application of the ABC Test

The U.S. District Court for the Eastern District of California recently ruled in an employment class action regarding misclassification of trucking industry owner-operators as independent contractors. The ruling is a win for...more

Fisher Phillips

Labor Department Says Truck Drivers Need Not Be Paid For Sleeping - 3 Things You Need To Know About Opinion Letter

Fisher Phillips on

Trucking companies will no longer need to pay their drivers for certain off-duty time, potentially including time spent sleeping in their sleeper berth units, after the Labor Department issued an opinion letter yesterday...more

FordHarrison

DOL Pivots, Providing Guidance Likely To Mitigate Recent Blitz of Minimum Wage Class Actions Related to Sleep Time And Off Duty...

FordHarrison on

Almost all long-haul drivers are exempt from overtime under the motor carrier exemption to the Fair Labor Standards Act (FLSA). However, these same drivers are not exempt from the FLSA’s minimum wage requirements. ...more

Seyfarth Shaw LLP

California State Court Yields To FMCSA’s Preemption Determination Over Drivers’ Meal And Rest Break Claims

Seyfarth Shaw LLP on

Seyfarth Synopsis: Following the Federal Motor Carrier Safety Administration’s determination in December 2018 that federal law preempts California’s meal and rest break rules, observers questioned what deference courts would...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

Fox Rothschild LLP on

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

Jackson Lewis P.C.

Teamsters Challenges Federal Agency Decision On California Break Rules On Interstate Truck Drivers

Jackson Lewis P.C. on

The International Brotherhood of Teamsters, Local 2785 has filed a petition for review to the Ninth Circuit Court of Appeals on the Federal Motor Carrier Safety Administration’s (FMCSA) determination that California’s meal...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

Fisher Phillips

A New Year’s Gift for California Trucking Companies: Meal Period and Rest Break Laws No Longer Apply

Fisher Phillips on

It’s official: California’s infamous meal period and rest break laws no longer apply to truck drivers regulated by the U.S. Department of Transportation’s hours-of-service requirements. Following a petition from the American...more

Littler

DOT Preempts California Meal and Rest Breaks Laws Under Federal Hazmat Regulations

Littler on

California requires an employer to provide employees who works more than five hours with a 30-minute uninterrupted, off-duty meal break (and another meal break if they work more than 10 hours)....more

Fisher Phillips

California Employers To Face Raft Of New #MeToo Laws

Fisher Phillips on

Wrapping up a whirlwind weekend, California Governor Jerry Brown just signed several pieces of legislation that will create new employer obligations in the areas of sexual harassment and gender discrimination. Specifically,...more

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