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Tuesday, November 4, 2014

Godfrey v. Oakland Port Services Corp.: FAAAA Does Not Preempt Meal and Rest Period Requirements

In People ex rel. Harris v. Pac Anchor Transportation, Inc. (7/28/14) --- Cal.4th --- (discussed here), the California Supreme Court held that an Unfair Competition Law (UCL) action based on a trucking company’s alleged violation of state labor and insurance laws was not “related to a price, route or service” of the company and, therefore, was not preempted by the Federal Aviation Administration Authorization Act of 1994 (FAAAA).

In Dilts v. Penske Logistics, LLC, ___ F.3d ___ (9th Cir. 7/9/14, amended 9/8/14) (discussed here), the Ninth Circuit held that the FAAAA does not preempt California's meal and rest period requirements. 

In Godfrey v. Oakland Port Services Corp. (10/28/14) --- Cal.App.4th ---, the Court of Appeal followed suit, also holding that the FAAAA does not preempt California's meal and rest period requirements. Slip op. at 9-17. 

The opinion is available here.

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