From Transport Topics.
The 9th U.S. Circuit Court of Appeals has upheld the Federal Motor Carrier Safety Administration’s 2018 determination that interstate motor carriers are exempt from California’s stringent meal-and-rest-break rules, a decision that supporters say will avoid a future state-by-state patchwork of rest break rules.
“The FMCSA reached this conclusion because California required more breaks, more often and with less flexibility as to timing,” the court’s three-judge panel said in its Jan. 15 opinion.
The California law requires employers to provide a “duty-free” 30-minute meal break for employees who work more than five hours a day, as well as a second duty-free, 30-minute meal break for those who work more than 10 hours a day, and additional 10-minute rest periods every four hours. An employer’s failure to provide the required breaks is a misdemeanor under California law.
By contrast, federal law states that except for certain short-haul drivers, a property-carrying commercial motor vehicle driver working more than eight hours must take at least one 30-minute break during the first eight hours, although the driver has flexibility as to when the break occurs.
See the complete article from Transport Topics online.