The Federal Motor Carrier Safety Administration (FMCSA) issued a preemption order in December 2018 exempting short-haul truck drivers from California's meal and rest break laws. This order applies to drivers of commercial motor vehicles subject to federal hours of service requirements, including short-haul drivers within a 150-mile radius from their work location . The recent California employment law, Espinoza v. Hepta Run, Inc., directly addressed whether federal law preempts California's meal and rest period laws for short-haul drivers, and the court held that short-haul drivers are exempt from California's meal and rest break laws. However, it is important to note that this exemption only applies to nonexempt employees in the transportation industry, and only if they meet certain requirements outlined in the law. It is crucial for both employers and employees to understand the implications of this exemption to comply with California employment law.
In California, labor laws protect employees from discrimination and retaliation for engaging in certain activities, known as protected activities. Understanding these protected activities is crucial for both employers and employees to ensure compliance with the law and maintain a fair and respectful work environment. Protected Categories California labor laws prohibit discrimination based on several protected categories, including: Race and Ethnicity : It is illegal to discriminate against employees based on their race, color, or national origin. Gender and Sexual Orientation : Discrimination based on gender, gender identity, gender expression, or sexual orientation is prohibited. Age : California law protects individuals who are 40 years of age or older from age-based discrimination. Disability : Employers are required to provide reasonable accommodations to employees with disabilities and are prohibited from discriminating against them. Religion : Discrimination based on an individua...
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