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Litigation & Arbitration

Nov. 15, 2023

Bonta seeks waiver of federal preemption on truck driver breaks

California law requires 30-minute meal breaks during each five hours of work, and 10-minute rest breaks every four hours, but in 2020 a federal agency ruled the state’s mandates were preempted by federal rules that allow eight hours of driving without a break.

Attorney General Rob Bonta has filed a petition for a waiver of federal preemption determinations that prevent California from enforcing its meal and rest break requirements for commercial truck and bus drivers in California, he announced Tuesday.

The Federal Motor Carrier Safety Administration generally permits commercial drivers to work eight hours without a break. By contrast, California law generally requires 30-minute meal breaks dur...

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