Labor/Employment
Jul. 17, 2014
9th Circuit says meal and rest break laws not preempted
A hotly debated question now is whether a clause in the FAAA is broad enough to preempt California wage and hour laws in actions brought by employees against trucking industry employers. By Felix Shafir
In 1994, Congress enacted the Federal Aviation Administration Authorization Act (FAAAA) to preempt state trucking regulation. The FAAAA prohibits states from enacting laws "related to a price, route, or service of any motor carrier ... with respect to the transportation of property." 49 U.S.C. Section 14501(c)(1). Courts have construed the "related to" clause broadly, finding that the FAAAA preempts an array of state laws that ...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In