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ARTICLE · 25 JANUARY 2021

This Week In The Ninth: Rest Breaks And Workweeks

Morrison Foerster
Morrison Foerster
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This week, we take a look at two Ninth Circuit decisions considering agencies' interpretations of the federal laws governing the employment relationship.

United StatesEmployment and HR
James R. Sigel
James R. Sigel
Michael F. Qian
Michael F. Qian
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This week, we take a look at two Ninth Circuit decisions considering agencies' interpretations of the federal laws governing the employment relationship.  In the first, the Court deferred to the Federal Motor Carrier Safety Administration's decision to preempt California's requirements for commercial drivers' meal and rest breaks.  In the second, a divided panel rejected the Department of Labor's interpretation of the Family and Medical Leave Act that would have afforded employees who work alternating weeks a right to take additional leave.

INTL BROTHERHOOD OF TEAMSTERS v. FMCSA

The Court holds that the Federal Motor Carrier Safety Administration permissibly preempted California's rules governing meal and rest breaks for certain commercial drivers. 

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