denied the state\u2019s request<\/a> for a review of the administration\u2019s determination that its rules preempt California. California opted for rules stricter than the administration, but that doesn\u2019t mean they\u2019re outside of the federal government\u2019s authority, Thomas wrote.<\/p>\nWriting for a three-judge panel, the Joe Biden appointee pointed to her court\u2019s 2021 ruling, International Brotherhood of Teamsters v. Federal Motor Carrier Safety Administration. That ruling focused on truckers\u2019 meal-and-rest breaks, stating federal law did preempt California\u2019s rules for them.<\/p>\n
\u201cThe secretary\u2019s power to preempt a state law or regulation arises if the secretary determines that the state law or regulation \u2018is additional to or more stringent than\u2019 a federal regulation,\u201d Thomas wrote.<\/p>\n
California argued the administration lacked authority to preempt its rules for bus drivers. The state said that authority is limited to rules \u201con commercial motor vehicle safety.\u201d The word \u201con\u201d is key, as it\u2019s focused on safety, not general applicability.<\/p>\n
That argument failed, as the appeals court in Teamsters held that California\u2019s regulations on truckers fell within commercial motor vehicle safety. Congress intended to have uniformity in its regulations, and an agency could determine a state law disrupts that even if it\u2019s not specifically targeting commercial motor vehicle safety, Thomas wrote.<\/p>\n
California also posited that the administration can\u2019t preempt its mid-shift break rules for bus drivers, as it never issued its own regulations for them.<\/p>\n
Thomas wrote that the state pointed to Teamsters, which noted that the administration had \u201cissued particularized regulations that govern break times for drivers of property-carrying commercial motor vehicles.\u201d<\/p>\n
\u201cPetitioners read Teamsters too narrowly,\u201d Thomas wrote, adding: \u201cAlthough it is true that federal [hours-of-service] regulations do not require that drivers of passenger-carrying commercial motor vehicles take a mid-shift break, they still dictate how long a driver may remain on duty before a mandatory off-duty period. The state and federal regulations therefore share the same purpose of mandating off-duty periods as a form of ensuring commercial motor vehicle safety through fatigue management.\u201d<\/p>\n
The state also claimed the administration was arbitrary and capricious in deciding that California\u2019s meal-and-rest break rules would create an unreasonable burden on interstate commerce.<\/p>\n
The appeals panel disagreed. Thomas wrote that the court record supports the administration\u2019s decision that California\u2019s rules create a major burden on operators of passenger-carrying commercial motor vehicles.<\/p>\n
\u201cThe administrative record is replete with commentary about the negative effects of California\u2019s MRB rules upon passenger-carrying commercial motor vehicle operations,\u201d Thomas added. \u201cThese include comments about the disruptive and costly nature of complying with California\u2019s MRB rules, as well as the difficulty of maintaining scheduled operations.\u201d<\/p>\n
Thomas noted that a driver stopping at inopportune times and places to comply with a state-mandated break would become untenable. Public commenters said state rules gave much less flexibility to set those breaks, as well as significant cost increases because of less productivity and a need for more drivers.<\/p>\n
Pointing to the California Supreme Court, Thomas wrote the state\u2019s high court has stated employees must be free to leave their workplace for the entirety of their 30-minute meal break. On-duty meal periods are allowed only when the job requires them and the employee agrees to them \u2014 an agreement the employee can revoke anytime.<\/p>\n
\u201cThese requirements underline the reasonableness of the FMCSA\u2019s conclusion that California\u2019s MRB rules unduly burden interstate commerce,\u201d Thomas added. \u201cThat petitioners may disagree with this conclusion does not make it arbitrary.\u201d<\/p>\n
The appeals panel was rounded out by U.S. Circuit Judge Consuelo\u00a0Callahan, a George W. Bush appointee; and U.S. Circuit Judge Anthony Johnstone, a Biden appointee.<\/p>\n
Representatives of both sides couldn\u2019t be immediately reached for comment.<\/p>\n
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