37
B. Cumulative Effect of the MRB Rules and Other States’ Similar Laws
Section 31141 does not limit the Agency to looking only to the State whose rules are the
subject of a preemption determination. The FMCSA “may consider the effect on interstate
commerce of implementation of that law or regulation with the implementation of all similar
laws and regulations of other States.” 49 U.S.C. 31141(c)(5). Here, the ATA argues that the
Agency should consider what the cumulative effect would be if all States implemented rules
similar to California’s MRB Rules. In this regard, the ATA states, “[T]he proliferation of rules
like California’s in other states, applied to commercial drivers working in interstate commerce,
would increase the associated freight productivity loss enormously, and would represent an even
larger burden on interstate commerce.”
To date, 20 States in addition to California regulate, in varying degrees, meal and rest
break requirements, as the National Conference of State Legislators, the Center for Justice and
Democracy, and other commenters have pointed out.
13
For example, Oregon requires employers
to provide meal periods of not less than 30 minutes to non-exempt employees who work 6 or
more hours in one shift and a 10-minute rest period for every 4 hours worked.
14
See Or. Admin.
R. 839-020-0050. In the State of Washington, employers are required to provide non-exempt,
13
According to the National Conference of State Legislators, the following States have meal and
rest laws: California, Colorado, Connecticut, Delaware, Illinois, Kentucky, Maine, Maryland,
Massachusetts, Minnesota, Nebraska, Nevada, New Hampshire, New York, North Dakota,
Oregon, Rhode Island, Tennessee, Vermont, Washington, and West Virginia.
14
In Oregon, no meal period is required if the shift is less than 6 hours, additional meal periods
are required to be provided to employees who work 14 hours or more. If the shift is less than
seven hours, the meal period must commence between two and five hours from the beginning of
the shift. If the work period is more than seven hours, the meal period between three and six
hours from the beginning of the shift. These rest and meal period requirements apply to
employees 18 years of age and older, and Oregon’s rest and meal period requirements specific to
minors are found at OAR 839-021-0072.