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

California court dismisses XPO meal/rest break complaint

A California district court this week dismissed claims alleged by roughly 500 current and former drivers for XPO Logistics [NYSE: XPO] that the company failed to pay wages for missed meal and rest breaks.

The decision, by the U.S. District Court for the Central District of California in Angel Omar Alvarez, et al v. XPO Logistics Cartage LLC, et al, is part of an ongoing case initiated in 2018 by drivers seeking damages for unpaid wages and benefits based on XPO’s alleged misclassification of its...

https://s29755.pcdn.co/news/california-court-dismisses-xpo-mealrest-break-complaint

California fines delivery service and Amazon $6.4M for wage theft

A California delivery service and Amazon.com Services (NASDAQ: AMZN) have been fined $6.4 million by the California Labor Commissioner’s Office for wage theft from delivery drivers.

The Labor Commissioner’s Office said that Santa Ana-based Green Messengers Inc., which worked as a contractor for Amazon.com Services in Los Angeles, Orange and San Bernardino counties, repeatedly underpaid delivery drivers, resulting in “frequent minimum wage, overtime, meal break, rest period and split-shift...

https://s29755.pcdn.co/news/california-fines-delivery-service-and-amazon-6-4m-for-wage-theft

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

The Daily Dash: Heartland kicks off earnings season; court sides with FMCSA over California

The Daily Dash is a quick look at what is happening in the freight ecosystem. In today’s edition, Heartland Express has kicked off the Q4 earnings season, posting an improvement in operating income. Plus, an appeals court said California can’t supersede FMCSA regulations on hours of service, and Daseke’s board chairman talks the future of the company.

Earnings season kicks off

The first truckload carrier to announce Q4 earnings reported a slight year-over-year decline in revenue but improvement...

https://www.freightwaves.com/news/the-daily-dash-heartland-kicks-off-earnings-season-court-sides-with-fmcsa-over-california

Appeals court upholds FMCSA preemption over California meal/rest breaks

The U.S. Court of Appeals for the 9th Circuit has upheld a determination by the Federal Motor Carrier Safety Administration (FMCSA) that California cannot enforce state meal and rest break (MRB) rules that conflict with federal hours-of-service regulations.

The FMCSA’s determination, made in December 2018, granted petitions submitted by the American Trucking Associations and the Specialized Carriers and Rigging Association and was quickly appealed by the International Brotherhood of Teamsters...

https://s29755.pcdn.co/news/appeals-court-upholds-fmcsa-preemption-over-california-mealrest-breaks

The FreightWaves Top 10: Bankruptcies, capacity concerns, protests and Trevor Milton’s departure

2020 saw many significant news stories in the freight industries that extended beyond COVID. In fact, among FreightWaves’ Top 10 stories of the year, COVID-related articles barely appear — showing up just once.

To fill the FreightWaves Top 10, we didn’t choose the stories we liked the best — we let you, the reader, decide. These are the Top 10 stories on freightwaves.com based on page views, from No. 10 to No. 1.

(Photo: Pilot)
10. A company by another name

Once simply a chain of fueling stations,...

https://s29755.pcdn.co/news/the-freightwaves-top-10-bankruptcies-capacity-concerns-protests-and-trevor-miltons-departure

ATA sees independent contractor battle moving to national platform

The American Trucking Associations (ATA) is expecting the issue of independent contractor status to shift from a state-by-state strategy to a national agenda under a Joe Biden administration.

“I anticipate changes from the regulatory side and executive-order side under a Biden administration, and a U.S. Department of Labor possibly led by Bernie Sanders, who has shown an interest in being secretary of labor,” said Chris Spear, speaking at the ATA’s National Accounting and Finance Council annual...

https://s29755.pcdn.co/news/ata-sees-independent-contractor-battle-moving-to-national-platform

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

Western Express fending off latest wage/rest break lawsuit

Western Express has asserted that the latest class action lawsuit filed against the company alleging wage and rest break violations should be dismissed for failure by plaintiffs to prove their case.

The lawsuit, filed earlier this month by a truck driver based in Washington state, asserts that the Nashville, Tennessee-based truckload carrier failed to pay him and other drivers minimum wage as required under federal law, as well as failed to pay for rest breaks and other non-driving work time as...

https://www.freightwaves.com/news/western-express-fending-off-latest-wagerest-break-lawsuit

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