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  1. #261
    Retired !

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    Feb 2009
    Local Union
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    Retired - New Penn
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    South Jersey
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    Default Re: All FMCSA Information

    This is about California’s meal and rest-break laws. The Teamsters did appeal FMCSA decision, the ATA did not want state law to over-ride federal rules.

    Biden win prompts delay request in California rest-break lawsuit
    Now that Joe Biden has been named the U.S. president-elect, there is a “very likely” chance his administration will reverse a Trump administration ruling governing California’s meal and rest-break (MLB) laws, according to the International Brotherhood of Teamsters.
    Given that likelihood, the Teamsters argue, the U.S. Court of Appeals for the 9th Circuit should delay oral arguments that are scheduled for next Monday because the case could be moot shortly after Biden is sworn in on Jan. 20.
    Under the Trump administration, the Federal Motor Carrier Safety Administration (FMCSA) in December 2018 granted a petition by the American Trucking Associations (ATA), and in so doing ruled that California could not dictate the work rules for truck drivers by preempting federal regulations that govern federal hours-of-service (HOS) regulations.
    California’s regulations require truck drivers to stop for a 30-minute break after five hours. ATA, along with the Specialized Carriers and Rigging Association, argued that the rule violated federal HOS regulations that require a 30-minute break after eight hours of driving. They contended that California’s MRB laws potentially could require truck drivers to take two 30-minute breaks in an 11-hour driving day when in California.
    In addition to creating a level of confusion as to which rules to follow, California’s laws have led to a number of class-action lawsuits by truckers who said they have not been allowed to take their 30-minute break after five hours.

    https://www.freightwaves.com/news/bi...-break-lawsuit

  2. #262
    Retired !

    Join Date
    Feb 2009
    Local Union
    107
    Employer
    Retired - New Penn
    Location
    South Jersey
    Posts
    17,973
    Rep Power
    385

    Default Re: All FMCSA Information

    I would like to see the federal government decide once and for all if states have the ultimate authority, or does the fed ?
    One minute they say the states need to decide, the next they want to rule.

    FMCSA Says Washington’s Meal, Rest Rules Pre-Empted
    The Federal Motor Carrier Safety Administration has determined that Washington state’s meal-and-rest-break rules for commercial truck drivers are pre-empted by federal hours-of-service regulations.
    The determination, included in a notice scheduled for publication in the Federal Register on Nov. 17, honors a petition submitted by Washington Trucking Associations in April 2019.
    According to the notice, FMCSA has determined that Washington’s meal-and-rest-break laws have no safety benefits that extend beyond those provided by the Federal Motor Carrier Safety Regulations, are incompatible with federal HOS rules and place an “unreasonable burden” on interstate commerce.
    https://www.ttnews.com/articles/fmcs...les-pre-empted

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