The U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) recently issued a Notice of Administrative Determination of Preemption finding, stating that the Federal Hazardous Material Transportation Law and the Hazardous Materials Regulations preempt California meal and rest break laws for all hazardous materials motor vehicle drivers.
As California employers know, employees in California are entitled to a 30-minute off-duty meal break for shifts greater than five hours, and a second 30-minute meal break for shifts over 10 hours. In addition, employees are entitled to a 10-minute off-duty rest break for every four hours worked or major fraction thereof.
The PHMSA concluded that California’s meal and rest break requirements conflict with the federal laws governing drivers transporting hazardous materials.
The PHMSA made the following rulings:
Employers subject to the Federal Hazardous Material Transportation Law and the Hazardous Materials Regulations should monitor the status of this determination and any potential requests for judicial review, as well as consult legal counsel with questions about compliance.
CalChamber members can view more information on California’s Meal and Rest Break Requirements in the HR Library. Not a member? See how CalChamber can help you.