Another win for Trucking Employers

On January 27, 2023, Sergio Cota v. Fresnius USA, Inc., in an unpublished decision, the Ninth Circuit Court upheld a lower court’s decision which tossed out claims that a trucking company violated California state meal and rest break laws. 

This is a good win for trucking companies.  This is also a reminder that the 2018 Federal Motor Carrier Safety Administration (“FMCSA”) regulations, applicable to certain commercial drivers preempted California’s meal and rest break laws, is alive and well. The decision also confirmed that these FMCSA regulations are applied retroactively.

This opinion also upholds and reinforces the 2021 decision in International Brotherhood of Teamsters Local 2785 v. FMCSA.  The panel stated “Courts lack authority to enforce preempted claims arising under California’s no matter when the violative conduct occurred.”

If you own a trucking company and are subject to federal regulations, this preemption and the impact of California’s meal and rest break laws to your business should be evaluated.   For a consult with the experienced employment and transportation attorneys, contact Chauvel & Glatt.

This material in this article, provided by Chauvel & Glatt, is designed to provide informative and current information as of the date of the post. It should not be considered, nor is it intended to constitute legal advice.  For information on your particular circumstances, please contact  Chauvel & Glatt at 650-881-3009 for legal assistance near you. (photo credit:

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