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FMCSA To Accept Public Comments In Response To Petitions Seeking Waiver Of Meal And Rest Period Preemption Determination On Behalf...

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

California Attorney General Steps In To Petition FMCSA For Waiver Of Meal And Rest Period Preemption Determination On Behalf Of...

Seyfarth Synopsis: In August, the Federal Motor Carrier Safety Administration (“FMCSA”) announced that it would start accepting petitions for waivers from the recent decisions preempting California and Washington’s meal and...more

Federal Agency Gives Notice That It May Reverse Course on Its Own Preemption Determination for California and Washington Meal and...

Seyfarth Synopsis: The Federal Motor Carrier Safety Administration determined only a few years ago that federal law preempts California’s and Washington’s meal and rest period rules. Regardless of what would happen in the...more

Wage-Hour Rulings Impacting Air Carriers Show Continued Headwinds In California

Seyfarth Synopsis: The Northern District of California recently issued two rulings with noteworthy employment implications for commercial air carriers. The first ruling represents the first time a court has found that federal...more

Ninth Circuit Upholds FMCSA Preemption of California’s Meal and Rest Break Rules For Drivers

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 whether California courts...more

AB 5 Challenge From California Motor Carriers: TRO Granted

Seyfarth Synopsis: Effective January 1, 2020, AB 5 implements the mandatory “ABC” test for determining whether a person is an independent contractor or employee under California law. Specific to motor carriers, AB 5 presumes...more

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

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

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