When their class action suit against Penske was struck down, the 349 drivers who thought they deserved paid meal breaks like every other employee in California might have given up, but instead they took the decision to an appeals court. When they won there, the case was referred to the highest court in the country – the U.S. Supreme Court. Now the Supreme Court has ruled in favor of the drivers. California carriers must give their drivers paid breaks.
The Supreme Court heard cases filed by two separate trucking companies who were having the same issue. Their employees wanted the paid rest and meal breaks that California law gives them, but the carriers turned to the Federal Aviation Administration Act of 1994 which prevents states from making laws that interfere with the “price, route or service of any motor carrier.”
Unconvinced by that argument, the Supreme Court ruled in favor of the California law which grants all employees a paid 10-minute break every four hours as well as a paid 30-minute meal break every five hours.
While this does apply to all employees within California, it may not apply for California drivers who leave the state. At what point the paid breaks cease (e.g. when a driver leaves the state or as soon as the driver is bound for another state) is unknown. It is also unclear how payment will be determined given that most drivers are paid per mile.
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Source: gobytrucknews, truckinginfo, thetruckersreprot
Image Source: krukowski
Good point, DOT took a half hour of pay from us. Now it is only fair that we get paid for it.
You can still only drive 11, and that’s what you’re paid for.
I’d be curious what percentage drive close to their 11 regularly, or even use their 70 in 6 days?
It isn’t necessary to have a good week and make good money.
To define good, I mean to be making well above average while spending a similar amount of time as average.
Think of the overtime that California law will afford..
glad i am union. i get paid breaks no matter what state i am in.
Why should anyone be paid for time taking off to eat lunch fo 30 mins. There isn’t an issue with 10 or 15 min breaks every 4 hours, that’s safer and increases productivity.
Being paid to eat is comical. Most of us overweight, out of shape, spend company time doing personal things, mismanage what they get, and still believe they deserve more.
Always good for a laugh though.
Yeah whoever came up with this “paid breaks” nonsense? I’m really pro-labor but that’s just stupid. What’s the rationale? Your employer should be compensating you for the inconvenience of being at a workplace instead of your home for your breaks? Sheer lunacy.
under corporation laws and llc you must obey the state you are corporated at and follow that states and other laws to like feds, other states, county, and city laws or other international laws.
beginning of the end of pure mileage pay. I like how they referred to FAA rules.
If drivers get paid for taking a meal break of 30 minutes will they also be paid for the mandatory 30 min. rest stop? Oh, and does the meal break include the time it takes to find a place to park, wait in line at the fuel desk to pay for it, and then get back on the road?
During the day there won’t be an empty place to park between L.A. and the Bay area on I 5 with all those guys making a meal stop. Of course the road having less traffic will be safer for out of state drivers.
Next we’ll start hearing about all the Cali drivers that can’t seem to get a load near their home, (law doesn’t apply out of state) and all the non-Cali drivers stuck slogging back and forth from SanDiego to Sacramento (law doesn’t apply to non-residents).