Comments Filed In Opposition to Petitions Seeking Waiver from California and Washington Meal and Rest Break Preemption Determinations

Scopelitis, Garvin, Light, Feary & Hanson • April 4, 2024

Written by Prasad Sharma from Scopelitis, Garvin, Light, Feary & Hanson

In 2018 and then again in 2020, FMCSA determined the meal and rest break (MRB) laws of California and Washington, respectively, were preempted under 49 U.S.C. § 31141. Last year, in an unusual maneuver, FMCSA invited petitions seeking a waiver from one or both of its own preemption determinations, and several parties submitted such petitions. The deadline for comments in opposition was February 26, 2024, and the Scopelitis Firm submitted comments on behalf of several motor carrier clients, noting that the MRB laws are not a component of a state’s motor carrier safety laws, have not been enforced as such, will burden already strained supply chains, and may have a deleterious impact on safety. Readers will recall that the MRB laws have been the subject of lawsuits filed by plaintiffs’ attorneys seeking economic gain and not for purposes of enhancing safety. FMCSA’s decision is expected later this year.

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