Labor & Employment Law Blog

In a welcome surprise to the trucking industry, the Ninth Circuit Court of Appeals on January 15, 2021, upheld the Federal Motor Carrier Safety Administration’s (“FMCSA”) December 2018 determination that California’s meal and rest break rules (“MRB rules”) are preempted by federal law and do not apply to commercial truck drivers engaged in interstate commerce.  California’s strict meal and rest break laws require more breaks, more often, and with less flexibility as to timing than the federal hours-of-service regulations do for commercial drivers.  The decision is a welcome reprieve for the trucking industry which has faced a fair share of wage and hour battles in California over the last decade.

On November 6, 2018, a majority of Californians voted “Yes” on Proposition 11, which will allow private sector emergency ambulance employees, specifically, emergency medical technicians (EMTs) and paramedics, to remain “on-call” during their meal periods and rest periods so they can respond in case of an emergency.