As discussed on this blog, late last year the Federal Motor Carrier Safety Administration ("FMCSA") determined that California's Meal and Rest Break rules are pre-empted by federal law, as applied to property-carrying commercial motor vehicle drivers covered by the FMCSA's Hours of Service regulations. Less than five months later, the implications of this are being seen in court.
It has been a little over a month since Lyft's trading debut, which after a strong start quickly struggled and continues to decline. Now Uber looks to avoid the same fate is it prepares for its upcoming debut.
In California, the ongoing litigation around the definition of an employee versus independent contractor and the rules for meal and rest breaks threaten to upend the trucking industry. While these issues are understandably garnering significant attention, there are others across the country that could also have a large impact. Currently, a case in Arkansas may leave the industry forced to undergo massive change.
Recently, California enacted a new law applicable to companies using temp workers. Assembly Bill 1897, codified as section 2810.3 of the California Labor Code became effective in 2015. Under the new law a company using temp workers will be liable to the workers supplied by the temp agency for wage and hour violations. Previously, a company using temp workers was only responsible for certain types of claims when it was determined to be a joint employer.
In a post last week we discussed the Fair Labor Standards Act and how it affects employees across the nation, especially in the area of fair compensation for work done. According to the federal law, all nonexempt employees must be paid overtime pay for time worked past 40 hours in a work week. But as some of you may already know, California's hour and wage laws go beyond this rule.