News & Analysis as of

FMCSA State Labor Laws

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

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

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Weintraub Tobin

Federal Preemption of California’s Meal and Rest Laws for Truck Drivers Subject to Federal Regulations Applies Retroactively!

Weintraub Tobin on

In California, Wage Order 9-2001 applies to “all persons employed in the transportation industry,” including property-carrying commercial truck drivers. (Cal. Code Regs., Tit. 8, § 11090(1).) Under the order, an employee...more

Payne & Fears

Key California Employment Law Case Summaries: September, October, and November 2022

Payne & Fears on

Summary - Where an employer can and does track the exact time in minutes that its employees work each shift, and those records show that employees were not paid for all the time they worked, neutral time rounding is not a...more

Saiber LLC

New Jersey Employers Now Required to Notify Employees When Using Tracking Devices on Vehicles

Saiber LLC on

Employers in New Jersey take notice: As of April 18, 2022, it is prohibited by law to use tracking devices on employee vehicles without providing written notice. On January 18, 2022, Gov. Murphy signed into law Assembly...more

Payne & Fears

Key California Employment Law Cases: January & February 2022

Payne & Fears on

Lawson v. PPG Architectural Finishes, Inc., 12 Cal. 5th 703 (2022) - Summary: Labor Code section 1102.6, not McDonnell Douglas, provides the standard for evaluating whistleblower retaliation claims under Labor Code...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

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

Holland & Knight LLP

Ninth Circuit Decides Federal Law Preempts California Meal and Rest Break Rules

Holland & Knight LLP on

The anticipated decision by the U.S. Court of Appeals for the Ninth Circuit in Teamsters v. FMCSA dealing with federal preemption of California meal and rest breaks for motor carriers, highlighted in a previous Transportation...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

Seyfarth Shaw LLP

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

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 whether California courts...more

Jackson Lewis P.C.

Federal Law Preempts California’s Meal And Rest Break Laws For Commercial Drivers

Jackson Lewis P.C. on

Judge George H. Wu of the United States District Court for the Central District of California recently dismissed meal and rest break claims brought under the California Labor Code in a class action against motor carrier U.S....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

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

McCarter & English, LLP

Interstate Motor Carrier Drivers Exempt From California MRB Regulation

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...more

19 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide