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Last week the U.S. Court of Appeals for the Ninth Circuit concluded, in Dilts v. Penske Logistics, LLC, that the Federal Aviation Administration Authorization Act of 19942 (FAAAA) does not preempt the application of California’s meal and rest break laws to motor carriers because these state laws are not sufficiently “related to” prices, routes, or services. The decision is contrary to the decisions of approximately a dozen district court cases holding that such laws were preempted. Moreover, if the Ninth Circuit’s decision goes unchallenged, trucking companies that have operations in California will be required to comply with California’s meal and rest break laws instead of the Department of Transportation regulations.
For more on Dilts, see Littler's ASAP Ninth Circuit Holds FAAAA Does Not Preempt California’s Meal and Rest Break Laws.