Ninth Circuit Confirms California Meal and Rest Breaks for Commercial Drivers

A recent ruling by the Ninth Circuit confirms that California’s strict meal and rest break laws do not apply to some commercial drivers.

In People of the State of California v. Federal Motor Carrier Safety Administration, the Ninth Circuit affirmed a 2020 decision by the Federal Motor Carrier Safety Administration (FMCSA) that California cannot enforce its meal and rest break requirements with respect to drivers of passenger-carrying commercial motor vehicles (“CMVs”) subject to FMCSA’s Hours of Service (HOS) regulations.

The FMCSA’s 2020 decision concluded that FMCSA HOS regulations pre-empt California’s meal and rest break rules because California’s rules are in addition to or more stringent than, and incompatible with, the FMCSA HOS rules, do not provide an additional safety benefit, are incompatible with HOS rules, and impose an unreasonable burden on interstate commerce.

• The FMCSA reached a similar conclusion in 2018 as to drivers of property-carrying CMVs subject to FMCSA HOS regulations, and the Ninth Circuit affirmed in 2021 (International Brotherhood of Teamsters, Local 2785 v. FMCSA).

This court decision is important for transportation employers because it confirms the FMCSA decision that California meal and rest break rules do not apply to some commercial drivers. However, FMCSA’s decisions only apply to drivers who are subject to FMCSA’s HOS rules. To fall under these rules, drivers must be operating a “CMV” in “interstate commerce” (e.g., transportation involves crossing state lines or international borders, or is part of a continuous journey of goods or passengers that begins or ends out of state). Whether a vehicle is a CMV covered by the HOS rules can depend on weight, whether the vehicle is carrying certain hazardous materials, and, in the case of passenger-carrying vehicles, the number of passengers the vehicle is designed to carry and whether the transportation is for compensation.

Employers will need to carefully evaluate whether the FMCSA pre-emption rules apply to their drivers before assuming they are exempt from California’s meal and rest break requirements. Employers may wish to consult qualified counsel to make this determination.