In the matter of Espinoza v. Hepta Run, Inc., et al. (Cal. Ct. App., Jan. 19, 2022, No. B306292) 2022 WL 167770, the Court of Appeal considered the following issue: Whether the Federal Motor Carrier Safety Administration’s determination that federal hours of service regulations preempted California meal and break regulations apply to short haul commercial truck drivers in addition to long haul drivers.
Plaintiff, Guillermo Espinoza sued his former employer, Hepta Run, Inc. for Labor Code wage and hour violations, unfair business practices, and representative claims for penalties under the Private Attorney General Act (“PAGA”). Hepta Run moved for summary adjudication on Espinoza’s claims for failure to provide meal and rest periods, arguing that the California statutes governing meal and rest periods were preempted by federal regulations concerning commercial motor vehicle safety. The trial court denied Hepta Run’s motion, and the defendant later appealed this ruling.
The Second District Court of Appeal examined Hepta Run’s appeal in the broader context of applicable federal regulations. California law requires every nonexempt employee in the transportation industry to be provided with a 30-minute meal period every five hours worked and a 10-minute rest period for every four hours worked. (Cal. Code Regs., tit. 8 § 11090, subds. 11 & 12.)
At the federal level, the Motor Carrier Safety Act of 1984 enabled the creation of hours of service regulations that impose limits...
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