News & Analysis as of

Rest and Meal Break Department of Transportation (DOT)

Parker Poe Adams & Bernstein LLP

D.C. Appellate Court Upholds DOT Driver Hours of Service Rules

In 2019, the federal Department of Transportation (DOT) issued final regulations that changed requirements for commercial motor vehicle drivers’ rest and break times. The new rules said that if a driver was behind the wheel...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

ArentFox Schiff

California Motor Carriers Rest Easy: 9th Circuit Upholds Preemption of California Meal and Rest Break Rules

ArentFox Schiff on

The 9th Circuit Court of Appeals has upheld a decision by the Federal Motor Carrier Safety Administration (FMCSA) that FMCSA’s rest break regulations preempt the California meal and rest break rules (CA MRB Rules). 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

Seyfarth Shaw LLP

Seyfarth Policy Matters Newsletter - February 2020 #2

Seyfarth Shaw LLP on

In the wake of the impeachment proceedings, the State of the Union, the Administration’s budget proposal, and the initial rounds of the battle to see who gets the Democratic Presidential nomination, it’s been pretty quiet on...more

Parker Poe Adams & Bernstein LLP

U.S. Transportation Department Proposes Relaxing Driver Hours-of-Service Rules

In response to complaints from the trucking industry, on August 14 the federal Department of Transportation proposed new rules that would give drivers and motor carriers significantly more flexibility in scheduling driving...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

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

Parker Poe Adams & Bernstein LLP

U.S. Transportation Department Says California Driver Rules Pre-Empted by Federal Law

On December 28, the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration granted multiple petitions seeking a declaration that new California rules for drivers’ rest periods and meal breaks are...more

Clark Hill PLC

FMCSA Preempts California Meal and Rest Break Rules

Clark Hill PLC on

On December 21, 2018, the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) announced it is granting petitions to preempt the State of California’s meal and rest break rules, which differ...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

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Material Transportation/California Meal/Rest Break Requirements: U.S. Pipeline and Hazardous Materials Safety...

The United States Department of Transportation Pipeline and Hazardous Materials Safety Administration (“PHMSA”) granted a Petition submitted by the National Tank Truck Carriers Association requesting that the State of...more

Best Best & Krieger LLP

[WEBINAR] Labor & Employment Law: What Changed in 2017

Best Best & Krieger Labor & Employment attorneys discussed new legislation and case law impacting California employers - private and public. What Was Discussed -Legislation passed in 2017 -Wage and hour update ...more

Franczek P.C.

Six Days on the Road and I'm Gonna Park My Truck to Comply with State Laws Tonight

Franczek P.C. on

My apologies to Dave Dudley. The song “Six Days on the Road” just doesn’t stand up to the changes we would have to make after the Ninth Circuit’s decision that the state meal and rest break laws are not preempted by federal...more

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