March 22, 2019 FMCSA Legal Opinion

On March 22, 2019 the FMCSA issued a legal opinion​ from the Office of the Chief Counsel which held that the FMCSA determination in December of 2018 that federal law preempts California’s meal and rest break rules would be applied to cases that were pending as of December 21, 2018 as well as those filed after that date.  Further, during the week of June 17, 2019, a Los Angeles Superior Court dismissed claims against a security company holding that the federal hours of service rules governing commercial truck drivers preempted California’s meal and rest break rules for both long- and short-haul drivers.  The State of California and several other groups have responded to the FMCSA’s determination with petitions to the Ninth Circuit to challenge the FMCSA’s authority to invalidate California’s rules.  These petitions are pending and all await the Ninth Circuit’s ruling.