House to Take Up Meal, Rest Break Provision in September
House Republican leaders have signaled a willingness to ensure nationwide uniformity of meal and rest break rules for truckers when they consider a fiscal 2018 funding bill on the chamber’s floor as early as September.
A provision tucked in the legislation would prohibit states from enacting or enforcing laws pertaining to meal and rest break requirements. Specifically, the measure proposes that a “state, political subdivision of a state or political authority of two or more states” not prohibit employees from working to the “full extent permitted or at such times as permitted” by federal hours-of-service rules.
The aim is to clarify a requirement in a 1994 aviation law to block a 2011 law in California. That state’s law requires employers to provide a “duty-free” 30-minute meal break for employees who work more than five hours a day as well as a second “duty-free” 30-minute meal break for people who work more than 10 hours a day.
It’s important that we acknowledge trucking is a vital industry to this country.
Sen. Deb Fischer
A debate on the House floor would mark the furthest the provision has advanced legislatively during this congressional cycle. Yet, despite enjoying support from key Republican leaders, several Democrats voiced concerns about the provision’s intent. They argue that a denial of state-level authority on the matter would hinder employees’ abilities to gain adequate rest times. Congressional aides told Transport Topics that Democrats will attempt to remove the provision when the bill is in a committee prior to reaching the floor or when the bill reaches the floor. A removal would require the adoption of an amendment.
A Senate aviation policy bill that has not been scheduled for floor consideration includes a similar provision.
“It’s important that we acknowledge trucking is a vital industry to this country. It brings us the products and moves the produce and products that we have across the country,” said Sen. Deb Fischer (R-Neb.), the provision’s sponsor, during its Commerce Committee consideration in June.
Members of Congress in their districts for the August recess return to Capitol Hill after Labor Day.
Fiscal 2018 funding bills must be signed by President Donald Trump prior to the start of the next fiscal year to avoid a government shutdown.
American Trucking Associations has been strongly urging lawmakers to adopt the pre-emption provision this fall. Spokesman Sean McNally said Aug. 23 the federation is explaining to policymakers the provision’s significance to trucking executives.
“There are [a] number of potential solutions to this critical issue currently working their way through Congress that would eliminate duplicative meal and rest breaks supported by the plaintiffs’ bar,” McNally said. “This is an issue we have to win and that we are confident we will win.”
Disagreeing with ATA is Teamsters President James P. Hoffa, who called on Congress to reject the provision. He argued that its adoption would impact workers’ income and safety.
