Analysis

Trucking Industry Preemption Battles To Watch

Law360 (October 3, 2019, 8:48 PM EDT) -- The trucking industry’s legal clashes with state regulators over their efforts to beef up general workplace standards like meal and rest breaks and define who is an employee have tested the federal government’s exclusive jurisdiction to set the rules for how the sector operates.

When Congress deregulated the trucking industry in 1980, it allowed the market to influence economic decisions like rates, routes and services. By 1994, Congress sought to ensure that state and local governments wouldn't create their own rules by including an express preemption provision in the Federal Aviation Administration Authorization Act of 1994. That provision barred states from...

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