(March 2019) - On December 21, 2018, the
Federal Motor Carrier Safety Administration made an announcement
that California's state meal and rest break rules are
pre-empted by the federal hours of service regulations.
This announcement comes after American Trucking Associations,
Specialized Carriers and Rigging Association, Western States
Trucking Association, the Oregon Trucking Associations, and a
number of other groups petitioned the FMCSA. These petitions
requested a determination that the California rules be pre-empted
under 49 U.S.C. § 31141, in terms of application of hours of
service rules to property-carrying commercial motor vehicle
drivers.
California Law
California's 2011 law required employers to provide a
30-minute meal break for employees who work more than five hours a
day, and a second 30-minute meal break for people who work more
than 10 hours a day.
