Nash

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

MARVIN NASH, Case No. 19-cv-01883-VC

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART MOTION FOR

SUMMARY JUDGMENT

HORIZON FREIGHT SYSTEMS, INC.,

Re: Dkt. No. 72 Defendant.

Horizon moves for summary judgment on Nash’s individual claims. The motion is granted in part and denied in part. 1. Preemption of Meal and Rest Break Claims Federal law vests the Secretary of Transportation with the authority to “review State laws and regulations on commercial motor vehicle safety.” 49 U.S.C. § 31141(c)(1). If the Secretary makes certain findings, the details of which are not relevant here, the state law or regulation “may not be enforced”—in other words, it is preempted. 49 U.S.C. § 31141(a). Exercising this authority on behalf of the Secretary, the Federal Motor Carrier Safety Administration determined in 2018 that California’s Meal and Rest Break rules are preempted under section 31141. See California’s Meal and Rest Break Rules for Commercial Motor Vehicle Drivers; Petition for Determination of Preemption, 83 Fed. Reg. 67470 (Dec. 28, 2018). Importantly, however, the…