California: Labor Commissioner Challenges Federal Preemption of Meal and Rest Break Rules


All Employers with CA Employee Truck Drivers Subject to HOS Regulations


February 6, 2019


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California Attorney General Xavier Becerra recently announced that the California Labor Commissioner intended to challenge the Federal Motor Carrier Safety Administration’s (FMSCA) determination that federal hours of service (HOS) regulations preempt California meal and rest period regulations for property-carrying commercial vehicle drivers. Specifically, the FMSCA announced California meal and rest period regulations were incompatible with federal regulations, disrupted interstate commerce, did not offer any safety benefits beyond that already covered by federal law, and were overly burdensome and difficult to regulate. In response, on February 6th, the California Labor Commissioner filed a petition with the Ninth Circuit Court of Appeal, requesting that the circuit court review and reverse the FMSCA determination.

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