Split 9th Circuit: Pending Trucker Break Claims Impacted By Preemption Decision

Mealey's (December 1, 2022, 7:43 AM EST) -- PASADENA, Calif. — Meal and rest break class claims by former truck drivers that were pending when a preemption decision was issued by the Federal Motor Carrier Safety Administration (FMCSA) were properly dismissed as “the preemption decision deprive[d] the state, and by extension court enforcing state law, of this power by stating that they ‘may not’ or ‘may no longer’ enforce” those rules, a divided Ninth Circuit U.S. Court of Appeals panel ruled....