Ninth Circuit Court of Appeals Ruling May Support Challenges to Validity of California Meal and Rest Break Regulations As Applied to the Trucking Industry

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In a decision making waves throughout the trucking industry, the Ninth Circuit, in American Trucking Association v. Los Angeles, No. 08-56503 (Mar. 20, 2009), enjoined implementation of mandatory Concession Agreements for drayage trucking services at the Port of Los Angeles and the Port of Long Beach because it found that the Concession Agreements were preempted by the Federal Aviation Administration Authorization Act. The decision not only presents a hurdle to union organizing efforts at the Ports, but it may also be used to challenge state meal and rest break regulations as they apply to the trucking industry.

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