California’s Labor Commissioner is challenging a recent Federal Motor Carrier Safety Administration (FMCSA) determination that federal law preempts California’s meal and rest break rules for certain truck drivers.
On December 21, 2018, the FMCSA issued a determination of preemption, in which it concluded that federal law (49 U.S.C. 31141(c)) preempts California’s meal and rest break rules as they apply to property-carrying commercial motor vehicle drivers covered by the FMCSA’s hours of service (HOS) regulations.
In its decision, the FMCSA determined that California’s meal and rest break rules:
The California Labor Commissioner filed a petition with the U.S. Court of Appeals for the Ninth Circuit on February 6, 2019, asking the court to review and reverse the FMCSA’s determination on the grounds that federal law does not preempt California’s meal and rest break laws.Read More