The Owner-Operator Independent Drivers Association (OOIDA) has said it disagrees with the Federal Motor Carrier Safety Administration’s (FMCSA) recent decision to grant a petition that preempts California’s meal and rest break laws.
The laws require employers to provide employees with meal and rest breaks at certain intervals. Motor carriers that have violated of the laws have been taken to court.
The petition, submitted by the American Trucking Associations last year, cited numerous issues with the laws, including conflicts with the federal hours-of-service regulations.
FMCSA rejected a similar petition 10 years ago, stating that such a decision exceeded MFCSA’s authority to make such a determination.
“FMCSA decided to unilaterally interpret longstanding federal statute, and in doing so they contradicted their own determination nearly 10 years ago,” OOIDA President Todd Spencer said. “In reality, this issue should be addressed by Congress, not FMCSA. Unfortunately, Congress – led by former Congressman Jeff Denham (R-CA) – kept pursuing a legislative solution that was overly broad, contained a retroactive provision, and had zero chance of ever being signed into law.”
FMCSA’s decision ignores a larger issue, OOIDA said, the federal definition of “interstate commerce” based on the cargo being hauled.
Nearly all cargo is classified as interstate commerce even if never taken across state lines, OOIDA said.