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Labor/Employment

Jul. 31, 2014

Fate of California's meal and rest breaks is unclear

The 9th Circuit recently concluded the FAAAA does not preempt California's meal and rest break laws and could have a far-reaching effect on trucking companies operating in California. By Richard H. Rahm and Kai-Ching Cha


By Richard H. Rahm and Kai-Ching Cha


The Federal Aviation Administration Authorization Act of 1994 (FAAAA) preempts state laws "related to a price, route, or service of any motor carrier." Unfortunately, the phrase "related to" is not self-defining. And while courts have had no difficulties in preempting state laws intended to regulate prices, routes or services of a motor carrier, determining preemption in cases involving laws of general appl...

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