Federal and state regulations mandate the number of hours that truckers may drive before they must take a break. These hours-of-service regulations vary between the federal government and many state governments, particularly California’s government.
There has been a history of conflict between California’s hours-of-service regulations and the regulations set forth by the Federal Motor Carrier Safety Administration (FMCSA). Learn the outcome of this legal battle and the rules that truckers in California must follow.
What Was the Decision in IBT v. FMCSA?
California and the federal government had different rules related to the number of hours truckers may drive without a break. Under California law, truckers must take a 30-minute off-duty rest break for every five hours worked and a 10-minute off-duty break for every four-hour period.
Federal law, on the other hand, required fewer breaks, less often. In the court case IBT v. FMCSA, the Ninth Circuit Court of Appeals upheld the FMCSA’s decision to preempt California’s meal and rest break rules. The court upheld that interstate drivers are exempt from California’s meal and rest break rules because they are “incompatible” with federal regulations.
Barring an unexpected reversal by the U.S. Supreme Court, truckers in California will satisfy their meal and break obligations under federal regulations without the need to abide by California’s laws in this matter.
Specifically, these federal rules mandate a break of at least 30 consecutive minutes after 8 cumulative hours of driving time.
Injured in a Truck Accident? We’re Here to Help
Sometimes, the federal mandates for rest breaks are not sufficient to prevent drowsy truckers from driving. Additionally, some truckers choose to violate federal regulations. If you or someone you love has been injured in a crash caused by a drowsy trucker, our Los Angeles trial attorneys can protect your rights and help you recover the compensation you deserve.
Federal regulations by the Federal Motor Carrier Safety Administration (FMCSA) generally permit commercial drivers to drive eight hours without a break
break
A break at work (or work-break) is a period of time during a shift in which an employee is allowed to take time off from their job. It is a type of downtime. There are different types of breaks, and depending on the length and the employer's policies, the break may or may not be paid.
. In contrast, California law generally requires 30-minute meal breaks during each five hours of work, and 10-minute rest breaks for every four-hour period.
What are the basic requirements for rest periods under California law? A. Employers of California employees covered by the rest period provisions of the Industrial Welfare Commission Wage Orders must authorize and permit a net 10-minute paid rest period for every four hours worked or major fraction thereof.
Drivers can only be behind the wheel for up to 11 hours during the 14-hour work window. If it's been eight or more hours since their last break, truckers must take a break of at least 30 minutes.
In addition to age restrictions, drivers need a commercial driver's license (CDL) to legally drive on California roads. To obtain this, drivers need to first get a commercial learner's permit and hold it for 14 days. Only drivers who already have a standard California driver's license can apply for a CDL.
California requires employers to provide employees with ten-minute rest breaks for every four hours (or major fraction) worked. Anything over two hours is a “major fraction” of a four-hour period.
In California, there is no mandated minimum time between shifts according to labor laws. This means that employers are not legally required to provide a specific amount of time between shifts. The absence of a minimum time between shifts is applicable throughout most cities and regions within the state of California.
What Is the Minimum Time Between Shifts in California? California labor laws don't set the minimum number of hours between shifts. This means any amount of time between shifts, or lack thereof, is perfectly legal. This is the case in most cities and regions within the state of California.
California and the federal government had different rules related to the number of hours truckers may drive without a break. Under California law, truckers must take a 30-minute off-duty rest break for every five hours worked and a 10-minute off-duty break for every four-hour period.
How Far Do Truckers Drive in a Day? At the maximum, a driver can spend 11 hours a day driving. If they were traveling at 65 miles per hour all day, that's 715 miles. (Many trucking companies use “governors” which stop the driver from going more than 65 mph.)
If a truck driver adheres to federal and laws (dependent on state and interstate), they will average about 55 to 60 miles per hour; this means that most truck drivers average around 605 to 650 miles per working day—although mileage varies depending on the route, traffic, and weather conditions.
AB5, otherwise known as the gig worker law, is a California state law that significantly restricts the ability of an employer to classify workers as contractors instead of employees.
AB5 law does not ban owner-operators in California. However, it does make it quite hard for trucking companies to use them. Under the AB5 law and the ABC test, a motor carrier must prove that their workers are independent contractors and not employees.
Any single vehicle with a gross vehicle weight rating (GVWR) of 26,001 pounds or more. Any single vehicle with a GVWR less than 26,000 pounds which is designed, used, or maintained to transport more than 10 passengers (including the driver).
Employers must authorize and permit uninterrupted rest breaks for all nonexempt employees whose total daily work time is at least 3.5 hours. These mandatory rest breaks must be offered at the rate of 10 minutes for every four hours worked, or "major fraction" thereof.
Most California workers must receive the following breaks: An uninterrupted 30-minute unpaid meal break when working more than five hours in a day. An additional 30-minute unpaid meal break when working more than 12 hours in a day. A paid 10-minute rest period for every four hours worked.
Basic requirement for rest break: Employers must provide their employees working in California with a 10-minute paid rest break for every 4 hours (or major fraction) worked. These rest breaks must be uninterrupted, and the employees must be relieved of all their duties.
10 hours in any 24 hour period; and • 77 hours in any 7 day period. Hours of rest may be divided into no more than 2 periods one of which shall be at least 6 hours in length. The interval between consecutive periods of rest shall not exceed 14 hours.
10-Minute Rest Breaks in California. California employment law requires employers to give non-exempt employees (which means “hourly” employees) one 10-minute rest break for every four hours of work. This break is paid and must be “uninterrupted” – meaning the boss can't ask the employee to do any work during the break.
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