Garcia

I. INTRODUCTION

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.

II. BACKGROUND

Petitioners are truck drivers previously employed by real party in interest Haralambos Beverage Co. (Haralambos). On January 31, 2017, they filed a putative wage and hour class action alleging, among other things, that Haralambos failed to provide meal and rest breaks in violation of Labor Code sections 226.7 and 512 and the Industrial Welfare Commission’s Wage Order No. 9-2001.

2 Nearly two years later, on December 28, 2018, the FMCSA issued an order concluding that California’s meal and rest break rules are laws “‘on commercial motor vehicle safety,’” are preempted pursuant to title 49 United States Code section 31141 (section 31141), which is the preemption provision of the Motor Carrier Safety Act of 1984, and “California may no longer enforce [its meal and rest break…