Federal regulations preempt a California break law and doom a former Fresenius USA Manufacturing Inc. truck driver’s bid to revive his proposed wage-and-hour class case, the Ninth Circuit said Friday.
The trucker argued that his claims for alleged violations of California meal and rest break rules should go forward because the Federal Motor Carrier Safety Administration didn’t declare them preempted until months after he sued. But “courts lack authority to enforce preempted claims arising under” those rules “no matter when the violative conduct occurred,” the US Court of Appeals for the Ninth Circuit said in an unpublished opinion.
- The ...