Congressional Action To Pre-empt State Meal and Rest Break Laws Is Stalled
September 17, 2018
For the remainder of 2018, the FAA reauthorization bill is probably the best legislative ‘vehicle’ to pre-empt State meal and rest break laws that conflict with the federal hours of service rules. The House passed its full FAA reauthorization bill in late April. However, the FAA bill in the U.S. Senate remains stalled in part due to the meal and rest break pre-emption language included in the bill by the Senate Commerce Committee. The current FAA authorization law expires at the end of Sept 2018. Congress will need to act before then, which might mean yet another extension of the current FAA law. If Congress simply extends the law, it is not likely to include policy riders like the meal and rest break provision.