On January 15, 2021, the United States Court of Appeals for the Ninth Circuit issued a ruling upholding the application of the President Trump era Federal Motor Carrier Safety Administration (“FMCSA”) 2018 determination that California’s Meal and Rest Break rules are preempted or superseded by the FMCSA’s hours of service regulations for property-carrying commercial motor vehicle (“CMV”) drivers, who drive in interstate commerce, when they are working in California. The appellate Court agreed with FMCSA that the latter could reasonably determine that California’s rules were preempted because they would cause an unreasonable burden on interstate commerce through decreased productivity and administrative burden.
Normally, California law requires nonexempt employees to take a 30-minute uninterrupted off duty meal period within every 5-hour period of work and a 10-minute uninterrupted off duty rest period within every 4-hour period of work. However, underFMCSA’s hours of service regulations, a CMV driver need only take a 30-minute interruption in driving status before driving more than 8 hours.
(See Link(s): Luna v. Federal Motor Carrier Safety Administration; Industrial Welfare Commission Wage Order 9-2001; and 49 C.F.R. Section 395.3)