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Waiver Goodbye – Continued FMCSA Preemption Of Meal And Rest Periods For California and Washington Drivers

In 2023, the Federal Motor Carrier Safety Administration (“FMCSA”) under the Biden administration started accepting public comments about the many petitions for waiver that key stakeholders, including the California Attorney...more

FMCSA To Accept Public Comments In Response To Petitions Seeking Waiver Of Meal And Rest Period Preemption Determination On Behalf...

Seyfarth Synopsis: On December 26, 2023, the Federal Motor Carrier Safety Administration (“FMCSA”) announced they would be accepting comments from the public in response to multiple petitions requesting waivers from the...more

California Attorney General Steps In To Petition FMCSA For Waiver Of Meal And Rest Period Preemption Determination On Behalf Of...

Seyfarth Synopsis: In August, the Federal Motor Carrier Safety Administration (“FMCSA”) announced that it would start accepting petitions for waivers from the recent decisions preempting California and Washington’s meal and...more

Federal Agency Gives Notice That It May Reverse Course on Its Own Preemption Determination for California and Washington Meal and...

Seyfarth Synopsis: The Federal Motor Carrier Safety Administration determined only a few years ago that federal law preempts California’s and Washington’s meal and rest period rules. Regardless of what would happen in the...more

Air Carrier’s Good-Faith Belief It Was Complying With California Wage Laws Precludes Penalties, District Court Rules

Seyfarth Synopsis: Recent decisions from the California Supreme Court and Ninth Circuit Court of Appeals found that at least some of California’s wage and hour laws can apply to flight crew domiciled in the Golden State if...more

Ninth Circuit Upholds FMCSA Preemption of California’s Meal and Rest Break Rules For Drivers

Seyfarth Synopsis: Following the Federal Motor Carrier Safety Administration’s determination in December 2018 that federal law preempts California’s meal and rest break rules, observers questioned whether California courts...more

California State Court Yields To FMCSA’s Preemption Determination Over Drivers’ Meal And Rest Break Claims

Seyfarth Synopsis: Following the Federal Motor Carrier Safety Administration’s determination in December 2018 that federal law preempts California’s meal and rest break rules, observers questioned what deference courts would...more

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