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 give to the agency’s determination. This week, a Los Angeles Superior Court was the first California state court to apply the determination, dismissing armored truck drivers’ claims against a security company because federal hours of service rules governing commercial truck drivers preempt California’s meal and rest break rules for both long- and short-haul drivers. While this state court ruling is favorable, all eyes remain on how the Ninth Circuit will address this preemption issue in a pending appeal brought by the State of California and several other groups, arguing the federal agency overstepped its authority. Employers should proceed with caution until the Ninth Circuit resolves the preemption issue.

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