Federal Court Decides CA State Law Stands - Paid Breaks are Mandatory

Earlier this week, the Federal Ninth Circuit Court of Appeals came to a decision on the Class Action law suit that was brought against Penske back in 2008.  The federal appeals court has ruled that the California State Law that requires a 30 minute lunch break after 5 hours of work and a paid ten minute break after four hours of work applies to the transporation industry and motor carriers are not exempt from it. TAccording to court documents, the plaintiffs claimed that Penske did not ensure that employess took their mandatory breaks and created an “environment that discourages employees from taking their meal and rest breaks.”  Penske claims that the due to the structure and nature of the driving jobs, the carrier was exempt under the Federal Aviation Administration Authorization Act of 1994 which preempts state law. The Federal Court, however, has ruled otherwise. You can find out more by clicking here.