Federal preemption

FMCSA’s erratic history on meal/rest break preemption

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

FMCSA will consider rollbacks to truck driver rest-break rules

WASHINGTON — Regulators will consider rolling back federal preemption decisions on truck driver work rules by issuing waivers to those who can show that stricter state rules in California and Washington are more safe.

In a notice published Friday, the Federal Motor Carrier Safety Administration said it will consider waiver requests of its Dec. 21, 2018, ruling affirming that California Meal and Rest Break (MRB) rules — and a similar Nov. 17, 2020, ruling regarding Washington state MRB rules —...

https://www.freightwaves.com/news/fmcsa-will-consider-rollbacks-to-truck-driver-rest-break-rules

Flight attendants’ legal win in California could impact air cargo

A white jet with aqua tail and Alaska Air logo flies high into a blue sky, as seen from the side rear.

WASHINGTON — A cargo industry official is calling on Congress to guard against state interference in airfreight operations following a recent court ruling in favor of California-based flight attendants at Alaska Airlines.

The U.S. Supreme Court last summer refused to hear Alaska Airlines’ appeal of a lower court ruling that a state’s wage laws apply to airline employees because they only have an indirect impact on airline services. The 9th U.S. Circuit Court of Appeals said the carrier had to...

https://www.freightwaves.com/news/flight-attendants-legal-win-in-california-could-impact-air-cargo

Washington state agrees to dismiss meal/rest break appeal

trucks and truck stop

The state of Washington agreed last week to dismiss an appeal of a decision that found the state’s truck driver meal and rest break (MRB) rules are preempted by federal hours-of-service (HOS) regulations.

The appeal was filed in December 2020 with the U.S. Court of Appeals for the Ninth Circuit, a month after the Federal Motor Carrier Safety Administration decided in support of a petition filed by the Washington Trucking Associations (WTA) that FMCSA’s driver work rules preempt Washington...

https://www.freightwaves.com/news/washington-state-agrees-to-dismiss-mealrest-break-appeal

Judge orders Western Express wage/rest-break lawsuit to continue

A Washington state district judge has denied a request by truckload carrier Western Express to dismiss a lawsuit filed by a former employee who has accused the company of failing to pay him for overtime wages as well as for meal and rest breaks.

Richard Sanders, who lives in Washington and drove for the Nashville, Tennessee-based carrier from December 2019 to August 2020, alleged in a complaint filed in September that Western Express failed to pay him and other drivers the minimum wage under the...

https://s29755.pcdn.co/news/judge-orders-western-express-wagerest-break-lawsuit-to-continue

Buttigieg: Raising gas tax ‘on the table’ to pay for infrastructure

U.S. Department of Transportation Secretary nominee Pete Buttigieg acknowledged on Thursday that raising the federal gas tax will be one of the options to fund “major investments” needed for highway infrastructure.

“I think all options need to be on the table,” Buttigieg said during his confirmation hearing before the U.S. Senate’s Commerce, Science, and Transportation Committee.

“The current state of the highway trust fund [HTF] is that there’s more going out than coming in, and up until now...

https://www.freightwaves.com/news/buttigieg-raising-gas-tax-on-the-table-to-pay-for-infrastructure

Breaking News: FMCSA rules Washington state can no longer enforce meal/rest break laws

Federal regulators have determined that the state of Washington’s meal and rest break (MRB) laws are preempted for commercial trucks subject to federal hours of service (HOS) regulations.

In a decision to be published Tuesday, the Federal Motor Carrier Safety Administration (FMCSA) granted a petition filed last year by the Washington Trucking Associations (WTA) requesting the agency make the determination.

FMCSA concluded that:

  1. Washington’s MRB rules are state laws or regulations “on commercial...

https://s29755.pcdn.co/news/breaking-news-fmcsa-rules-washington-state-can-no-longer-enforce-mealrest-break-laws