INTERNATIONAL BROTHERHOOD OF TEAMSTERS, LOCAL 2785; Everardo Luna, Petitioners,
v.
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, Respondent,
William B. Trescott, Intervenor.
International Brotherhood of Teamsters; International Brotherhood of Teamsters, Local 848; Charles "Lucky" Lepins; Julio Garcia; Jesus Maldonado; Jose Paz, Petitioners,
v.
Federal Motor Carrier Safety Administration; U.S. Department of Transportation, Respondents.
Labor Commissioner for the State of California, Petitioner,
v.
Federal Motor Carrier Safety Administration, Respondent.
Duy Nam Ly; Phillip Morgan, Petitioners,
v.
Federal Motor Carrier Safety Administration; U.S. Department of Transportation, Respondents.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted November 16, 2020 San Francisco, California.
Miles E. Locker (argued), Attorney, Division of Labor Standards Enforcement, Department of Industrial Relations, San Francisco, California; Xavier Becerra , Attorney General; Satoshi Yanai , Supervising Deputy Attorney General; Marisa Hernàndez-Stern , Deputy Attorney General; Office of the Attorney General, Los Angeles, California; for Petitioner Labor Commissioner for the State of California.
David A. Rosenfeld and Caitlin Gray , Weinberg Roger & Rosenfeld, Alameda, California, for Petitioners International Brotherhood of Teamsters, Local 2785, and Everardo Luna.
William B. Trescott, Bay City, Texas, pro se Intervenor.
Adam Berger , Schroeter Goldmark & Bender, Seattle, Washington; Daniel F. Johnson , Breskin Johnson & Townsend PLLC, Seattle, Washington; Aaron Kaufmann , Leonard Carder LLP, Oakland, California; Ashley Westby , National Employment Lawyers Association/The Employee Rights Advocacy Institute for Law & Policy, Washington, D.C.; for Amici Curiae State and National Employment Lawyers Associations.
David R. Krause-Leemon , Beaudoin & Krause-Leemon LLP, Sherman Oaks, California; Aaron Parker , PODS Enterprises LLC, Clearwater, Florida; Carl Bentzel , Bentzel Strategies LLC, Bowie, Maryland; Bob Fatovic , Ryder Systems Inc., Miami, Florida; for Amici Curiae Specialized Carriers & Rigging Association, PODS Enterprises LLC, Ryder System Inc., and Western States Trucking Association.
Richard Pianka , ATA Litigation Center, Arlington, Virginia, for Amici Curiae American Trucking Associations Inc., California Trucking Association, Washington Trucking Associations, Intermodal Association of North America, and American Moving and Storage Association.
Before: Jacqueline H. Nguyen, Andrew D. Hurwitz, and Daniel A. Bress, Circuit Judges.
OPINION
BRESS, Circuit Judge.
The Federal Motor Carrier Safety Administration (FMCSA), an agency within the Department of Transportation, is tasked with issuing regulations on commercial motor vehicle safety. The FMCSA also has authority to determine that state laws on commercial motor vehicle safety are preempted, based on criteria Congress...
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