Page is loading...

Ninth Circuit FAAAA Meal and Rest Period Preemption Decision Appealed

As we discussed here, a three-judge panel of the Ninth Circuit ruled last month in Dilts v. Penske Logistics (Dilts) that California meal and rest period laws are not preempted by the Federal Aviation Administration Authorization Act (FAAAA).  The FAAAA  provides that  “States may not enact or enforce a law . . . related to a price, route, or service of any motor carrier . . . with respect to the transportation of property.”  49 U.S.C. § 14501.  In Dilts, while the lower court had determined that the FAAAA preempted California meal and rest period laws, the three-member panel of the Ninth Circuit disagreed, finding that California’s meal and rest period laws are not “related to” Defendants’ prices, routes, or services. On August 6, 2014, Defendants filed a Petition for Rehearing seeking to have the case reheard en banc, meaning that the Ninth Circuit panel’s decision would be reviewed by the Ninth Circuit’s full complement of nine judges.  Defendants seek to have the case reheard en banc on the ground that the issue presented involves questions of exceptional importance and that the decision by the three-judge panel conflicts with decisions of the United States Supreme Court and other Circuits. We will continue to monitor developments in this case and keep you posted here.


California Creates Workers’ Compensation Presumption of Coverage for COVID-19 Illnesses

May 8, 2020 | Currents - Employment Law, Employee Health Issues

Motor Carriers Continue to Roll Over AB 5

January 17, 2020 | Currents - Employment Law

California Cracks Down on Independent Contractor Status in Gig Economy

September 19, 2019 | Currents - Employment Law, Employment Lessons


Do you want to receive more valuable insights directly in your inbox? Visit our subscription center and let us know what you're interested in learning more about.

View Subscription Center
Federal Aviation Administration Authorization Act
Trending Connect
We use cookies on this site to enhance your user experience. By clicking any link on this page you are giving your consent for us to use cookies.