In 2014, the 9th Circuit Court of Appeals ruled in Dilts, et al v. Penske Logistics, Inc., et al that California’s employee meal and rest break rules (MRB Rules) applied to motor carrier drivers, despite the defendant’s arguments that federal law pre-empts state laws affecting interstate carrier rates and services under, among other things, the Federal Aviation Administration Act, and that the regulation would cause carriers inefficiency and additional cost.  In the wake of this decision, there was a strong belief among many in the transportation industry that the Court got it wrong, and much conversation as to whether other states would follow California’s lead. Seeking justice and clarity, a group of stakeholders, including the American Trucking Association, petitioned the Federal Motor Carrier Safety Administration (FMCSA) seeking to reverse the 9th Circuit’s decision. On December 21, 2018, FMCSA granted this petition, stating that “California may no longer enforce their MRB Rules with respect to drivers of property carrying [commercial motor vehicles] subject to FMCSA’s hour-of-service regulations.”  Thus, interstate motor carrier drivers are now exempt from the California MRB regulation, and, it can be inferred, from similar regulation attempts by other states, given that FMCSA’s stated reason behind its decision was to “ensure uniform and consistent rules in order to promote economic growth.”

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