Groups Back Supreme Court Review of California Break Laws

Three trade groups – the U.S. Chamber of Commerce, American Trucking Association, and Airlines for America – are supporting a request by Penske LLC for the U.S. Supreme Court to overturn an appeals court decision upholding California break laws.

In addition, they asked to review whether a federal transportation statute preempts California law on breaks as applied to Penske drivers who deliver and install residential appliances.

In January, Penske asked the high court to review a decision by the 9th U.S. Circuit Court of Appeals, which upheld the CA employment law that requires employers to provide a “duty-free” 30-minute meal break for employees who work more than five hours a day, plus a second “duty-free” 30-minute meal break for employees who work more than 10 hours a day. Penske said the Ninth Circuit’s misreading of the preemption clauses in the 1994 FAAA Act and its predecessor, the Airline Deregulation Act, is “hopelessly out of step.”

The California lunch break lawsuit stems from a class action lawsuit against the company from employees who said Penske had underpaid for meal and rest breaks under California labor law. In an October 2011 decision, U.S. District Judge Janis L. Sammartino tossed the case, saying it was preempted by the federal statute, which was passed in 1994 in an effort to deregulate the motor carrier industry.

The drivers allege the company violated California labor laws by automatically programming an unpaid 30-minute meal break into employees’ schedules without ensuring they actually take such breaks and by discouraging drivers from taking the statutorily required meal and rest breaks.

In 2011, the U.S. District Court for the Southern District of California had ruled that because the state’s meal and rest break laws impose “fairly rigid” timing requirements on “exactly” when and for how long drivers must take breaks and effectively restrict the routes a motor carrier can select, the federal statute preempts the state’s regulations.

Overview of California Break Laws

California requires employers to provide a 30-minute lunch break once the employee has worked five hours. An employer does not have to pay for this time. In other words, meal breaks are unpaid. If the employee’s workday will be completed in six hours or less, the employee may consent to waive the right to a meal break.

If the nature of the job prevents employees from taking a break from all duties, employers may provide an on-duty meal period. However, this time must be paid, and the employee must agree to the on-duty break, in writing.

California Break Law Violations

California break law violations are one of the most common employment abuses in the state. As many California employees know, employers frequently assert pressure on employees to shorten, interrupt, or work through their lunch periods. The California Labor Code prohibits employers from requiring employees to work during meal or rest periods.

If you are employed in California and believe your employer has violated a state or federal employment law, you may qualify for damages that may be awarded in a possible class action or lawsuit.

The Penske California Wage and Hour Class Action Lawsuit is Penske Logistics LLC, et al. v. Dilts, et al., Case No: 14-801, in the Supreme Court of the United States.

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