Wage and Hour, California, Preemption

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

Seyfarth Shaw LLP on 4/4/2025

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

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

Seyfarth Shaw LLP on 11/17/2023

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

Governor Signs Amendments to Expand, and Better Align, Paid Sick Leave Requirements Throughout California

Littler on 10/5/2023

On October 4, 2023, Governor Gavin Newsom signed SB 616, which arguably results in the most significant changes to California’s statewide paid sick and safe leave law since the Healthy Workplaces, Healthy Families Act (HWHFA)...more

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

Seyfarth Shaw LLP on 8/22/2023

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

Wage-Hour Rulings Impacting Air Carriers Show Continued Headwinds In California

Seyfarth Shaw LLP on 7/27/2023

Seyfarth Synopsis: The Northern District of California recently issued two rulings with noteworthy employment implications for commercial air carriers. The first ruling represents the first time a court has found that federal...more

All For Naught: California Employers Can Continue To Require Workers to Sign Arbitration Agreements

Stradling Yocca Carlson & Rauth on 3/1/2023

After more than three years of legal challenges, California’s Assembly Bill 51 was completely struck down as preempted by the Federal Arbitration Act in a Ninth Circuit ruling on February 15, 2023. California employers can...more

Federal Preemption of California’s Meal and Rest Laws for Truck Drivers Subject to Federal Regulations Applies Retroactively!

Weintraub Tobin on 12/16/2022

In California, Wage Order 9-2001 applies to “all persons employed in the transportation industry,” including property-carrying commercial truck drivers. (Cal. Code Regs., Tit. 8, § 11090(1).) Under the order, an employee...more

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