Analysis

Agency Deference May Snag 9th Circ. Meal, Rest Break Row

Law360 (February 14, 2019, 7:56 PM EST) -- California may face an uphill battle in its Ninth Circuit bid to invalidate the U.S. Department of Transportation's recent determination that the Golden State's meal and rest break rules are preempted by federal law and cannot be enforced against interstate trucking companies, experts say.

The DOT's Federal Motor Carrier Safety Administration invoked its authority as the federal safety regulator for the commercial motor vehicle industry to determine in December that California's meal and rest break rules conflicted with federal rules governing truckers' hours.

Peeved by what it considered the federal agency's bid to overstep and undermine California's worker protections, the state...

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