Tag Archives: “FAAA Act”

California Enacts Anti-Arbitration Legislation, but Will the FAA Limit Its Potential Impact? Not Entirely.

By John Lewis and Joseph S. Persoff on October 11, 2019 Posted in Arbitration

On Oct. 10, California Governor Gavin Newsom signed into law an attempt by California’s Legislature to limit arbitration of claims under California’s Fair Employment and Housing Act (“FEHA”). FEHA prohibits harassment, discrimination and retaliation on the basis of various protected characteristics, such as gender, age, disability or national origin. Taking effect Jan. 1, 2020, AB 51 … Continue Reading

The Ninth Circuit Puts Up Road Block to Motor Carrier Arguing that California Break Laws are Preempted by the FAAA Act, But Leaves Some Wiggle Room

By Sabrina Shadi and Vartan Madoyan on July 11, 2014 Posted in Meal and Rest Periods

On Wednesday, the United States Ninth Circuit Court of Appeals rendered a decision that, on its face, involved a technical preemption issue, but one that will have serious repercussions for those in the transportation industry operating in California. In plain terms, the question was whether California’s detailed meal and rest break requirements conflict with a … Continue Reading

FAAAA Keeps “Trucking” Through California Meal and Rest Break Laws

By Gilbert Brosky on June 26, 2012 Posted in FLSA

We have previously wrote about the recent success of California trucking companies defeating California meal and rest break claims by arguing that the laws are preempted by the Federal Aviation Administration Authorization Act (FAAAA). Specifically, Esquivel v. Vistar Corp., No. 2:11–cv–07284–JHN–PJWx, 2012 WL 516094 *6 (C.D. Cal. Feb. 8, 2012) (discussed here), and Dilts v. … Continue Reading

Trucking Industry Gets Another “Break” From California Meal Period Rules: Federal Court Finds Route Drivers’ Break Claims Preempted By FAAAA

By Sabrina Shadi on February 24, 2012 Posted in FLSA, Wage and Hour

Following down the road paved late last year by the Ninth Circuit in Am. Trucking Ass’ns, Inc. v. City of Los Angeles, (ATA II), 660 F.3rd 384 (2011), and the Southern District of California in Dilts v. Penske Logistics LLC (discussed here), Judge Jacqueline Nguyen in the Central District of California has dismissed a putative … Continue Reading

California Court Finds Meal and Rest Break Requirements Preempted

By Sabrina Shadi on October 31, 2011 Posted in FLSA, Meal and Rest Periods, Overtime Claims, Wage and Hour

Court Washes Out Meal and Rest Break Claims for Class of Whirlpool Drivers and Installers Tired of the stains those pesky meal and rest break requirements leave on your California operations? If your business is a motor carrier covered by the Federal Aviation Administration Authorization Act of 1994 (“FAAA Act”), some power to help clean … Continue Reading