United States Supreme Court’s Denial of Penske’s Petition for Certiorari Promises Sweeping Impact on Trucking Industry
Today, the United States Supreme Court denied Penske Logistics, LLC’s petition for writ of certiorari, in which Penske petitioned SCOTUS to review the Ninth Circuit’s holding that California’s meal and rest break laws are not preempted by federal law. The Ninth Circuit’s decision will undoubtedly have sweeping effects on how the trucking industry conducts business.
Penske argued that California’s meal and rest break laws are preempted by the Federal Aviation Administration Authorization Act of 1994 because these state laws improperly regulate the prices, routes and services of trucking companies. The Ninth Circuit disagreed, finding that California’s meal and rest break laws are not preempted by federal law.
The Ninth Circuit’s decision in Penske exposes the trucking industry to a patchwork of state laws and threatens national uniformity in trucking regulations. Moreover, each time a carrier seeks to conduct operations in California, it risks exposure to a class action alleging violations of the state’s meal and rest break laws.
For a full copy of the 9th Circuit’s Opinion, click here
To learn more, contact Mimi Geswein
This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader must consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.