DOT Says Motor Carriers Need Not Comply With California Break Laws

The Federal Motor Carrier Safety Administration ("FMCSA") recently issued a decision stating that motor carriers do not have to comply with California laws requiring employers to provide workers with regular meal breaks and paid rest breaks. This decision, announced by the agency on December 21, 2018, attempts to overturn a 2014 ruling by the Ninth Circuit Court of Appeals.

The decision by the FMCSA follows a petition filed in September 2018 by the American Trucking Association asking that the agency exempt carriers from the California break laws. Specifically, the law requires that employers provide a 30-minute meal break every five (5) hours at work and a paid 15-minute rest break for every four (4) hours of work time. The California-specific law, the American Trucking Association argues, interferes with federal hours of service regulations.

The FMCSA agreed with the American Trucking Association, stating that the Federal Aviation Administration Authorization Act mandates that federal law supersedes state laws on regulating drivers' work schedules.

This decision has the potential to overturn a 2014 ruling from the Ninth Circuit Court of Appeals, Dilts v. Penske, which held that California's meal and rest break laws as applied to motor carrier employers were not preempted by the Federal Aviation Administration Authorization Act.

On the American...