The following was written by: Kimberley A. Worley of The Saqui Law Group
The transportation industry is reeling from bad news issued recently by the Ninth Circuit Court of Appeals that overtime exempt truck drivers are entitled to meal and rest periods under California’s wage and hour laws. In Dilts v. Penske Logistics, LLC (9th Cir. 2014) U.S. App. LEXIS 12933, the employer argued that the meal and rest period provisions required by California law are preempted by the Federal Aviation Administration Authorization Act of 1994 (“FAAAA”). The Ninth Circuit, joining ranks with several other courts, disagreed and ruled that the FAAAA does not preempt California’s meal and rest period requirements.