California meal and rest break Archives

FedEx warns of higher costs under trucker rest break waivers

26 February 2024

WASHINGTON — FedEx Corp. predicts higher costs on its linehaul and delivery routes as well as those of rivals if the Biden administration approves waivers governing truck driver meal and rest breaks in California and Washington.

In comments filed with the Federal Motor Carrier Safety Administration, FedEx (NYSE: FDX) asserted that if the FMCSA were to waive its preemption over the two states’ meal and rest break (MRB) laws — which would make interstate carriers subject to the stricter state...

https://www.freightwaves.com/news/fedex-warns-of-higher-costs-under-trucker-rest-break-waivers

Petitions for meal, rest break waivers dispute parking shortage claims

16 November 2023

WASHINGTON — Claims that giving truck drivers more time for meals and rest will worsen parking shortages in California and Washington are baseless, according to two groups seeking federal preemption waivers.

The Teamsters and the Truck Safety Coalition (TSC) have petitioned the Federal Motor Carrier Safety Administration for the waivers in response to FMCSA’s notice published in August announcing it would consider rolling back its 2018 and 2020 decisions finding that meal and rest break rules in...

https://www.freightwaves.com/news/petitions-for-meal-rest-break-waivers-dispute-parking-shortage-claims

FMCSA’s erratic history on meal/rest break preemption

16 August 2023

WASHINGTON — The Federal Motor Carrier Safety Administration’s announcement last week that it will consider waiving federal preemption over meal and rest breaks laws in California and Washington caught some off guard, given that in 2018 the agency determined that those state regulations were preempted by the FMCSA’s own authority.

That determination, made at the request of the American Trucking Associations, was based in part on FMCSA’s opinion at the time that, with safety being the agency’s...

https://www.freightwaves.com/news/fmcsas-erratic-history-on-mealrest-break-preemption

Viewpoint: Court win for California employers of short-haul drivers

8 March 2022

The California Court of Appeals recently held that federal law preempts California’s meal and rest period requirements for short-haul drivers. In doing so, the California Court of Appeals reiterated that federal law preempts the meal and rest period requirements for motor carriers as a whole.

Background

A truck driver filed a lawsuit against his employer alleging various wage and hour violations, including failure to provide meal and rest periods, unfair business practices, and representative...

https://www.freightwaves.com/news/viewpoint-court-win-for-california-employers-of-short-haul-drivers

California Supreme Court settles pay rate for missed meal, rest and recovery periods

8 September 2021

The California Supreme Court recently addressed what the proper rate for paying missed meal, rest, and recovery periods is under California state law. The California Supreme Court concluded that the rate must be calculated using not only the employees’ base hourly rate but also a proportionate share of nondiscretionary payments, thus increasing the rate. This ruling has been applied retroactively by the court.

Background

Under California’s Labor Code, Section 226.7(c), employers are required to...

https://www.freightwaves.com/news/california-supreme-court-settles-pay-rate-for-missed-meal-rest-and-recovery-periods