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Teamsters challenge FMCSA’s California meal and rest break ruling

Union files lawsuit with U.S. Court of Appeals seeking reversal

Posted January 4, 2019

The International Brotherhood of Teamsters union petitioned the U.S. Court of Appeals for the Ninth Circuit, seeking to reverse the Federal Motor Carrier Safety Administration’s (FMCSA) decision to pre-empt California’s meal and rest break rules.

Under California requirements, an employee is entitled to a 30-minute meal period after five hours of work and a second 30-minute meal period after 10 hours of work. Employees are also entitled to a 10-minute rest period for every four hours worked.

The Teamsters Local 2785 and an individual driver filed the lawsuit seeking a reversal of the decision on December 27, 2018. The opening brief is scheduled to be filed March 18, 2019.

On Friday, December 21, the FMSCA granted petitions filed by the American Trucking Associations and the Specialized Carriers and Rigging Association preempting interstate carriers from California’s meal and rest break rules, which differ from the federal hours-of-service regulations.

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