I need a break, but who decides when I get one?
In a class action suit against a large motor carrier brought by former commercial motor vehicle drivers who were paid by the hour, the 9th Circuit Court of Appeals ruled that federal regulations that preempt California’s rules on meal and rest breaks (MRB) applied retroactively to claims that existed prior to the federal rule even being implemented.
By way of background, in December 2018, the Federal Motor Carrier Safety Administration (FMCSA) expressly preempted California’s MRB rules. The ruling by FMCSA states, “California may no longer enforce the MRB Rules with respect to drivers [who are] subject to the FMCSA’s HOS rules.” (83 Fed. Reg. 67,470) The class action that the 9th Circuit ruled on was filed in October 2018, two months before the FMCSA ruling.
The plaintiffs argued that because they had filed prior to the FMCSA decision, the preemption did not apply to them. The 9th Circuit disagreed with the plaintiffs. Instead, the court held that “Congress intended for the FMCSA to have the power to halt enforcement of state laws” and that “the FMCSA intended for this particular preemption determination to apply to pending lawsuits.”
While the decision was not unanimous (the judges split 2-1 in their ruling) the bottom line is that the federal government rules, like the hours of service rules, cannot be changed by an individual state. One thing to note is that this case took place in federal court, but that hasn’t stopped state courts from ruling differently. There is a case with similar facts in California state court (Garcia v Superior Court) that had a different result. The state court held that the FMCSA decision did not apply to claims filed prior to the decision. As a result, state court cases may have a different outcome than a federal court case.
Every year, TAT (formerly called Truckers Against Trafficking) honors a member of the trucking, bus or energy industry, whose direct actions help save or improve the lives of those exploited or prevent human trafficking from taking place, with the Harriet Tubman Award
Bob Costello has indicated that the freight market has improved – but very slowly – since January. It must be said that ATA’s indices are dominated by contract freight as opposed to spot rates.
Now, however, with Republican control of both houses of Congress and the White House (and, some say, the Supreme Court) I am optimistic that trucking will get a fairer shake than it has during Biden’s term in office.