In a December 28, 2018, order, the Federal Motor Carrier Safety Administration (FMCSA) concluded that California’s meal and rest break rules were preempted under the Motor Carrier Safety Act of 1984 (49 U.S.C. § 31101 et seq.). Petitioners contend that this decision does not apply to bar meal and rest break claims arising from conduct that predated the order. We agree.

https://www.courts.ca.gov/opinions/documents/B315701.PDF

CASE TITLE – Garcia v. Superior Court

COURT – California Court of Appeal, Second Appellate District

CASE NUMBER – B315701

Avatar photo

About The Author

Nicholas J. Ferraro

Nicholas J. Ferraro is a skilled labor and employment lawyer and the founder of Ferraro Vega Employment Lawyers, Inc. Based in San Diego, he focuses on representing employees in class action and collective litigation cases. Education: Mr. Ferraro attended the University of San Diego School of Law, where he was a member of the San Diego Law Review. Experience: Over a decade of legal practice, representing more than 100,000 employees. Court Admissions: Mr. Ferraro represents his clients throughout the State of California and the State of Washington. He is a member of the State Bar of California. Community Involvement: Active member of the California Employment Lawyers Association and the San Diego County Bar Association.