Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Skau v. JBS Carriers, Inc.

United States District Court, W.D. Washington, Seattle

September 23, 2019

KURT SKAU, on behalf of himself and on behalf of others similarly situated, Plaintiff,
v.
JBS CARRIERS, INC., a Delaware corporation, Defendant.

          ORDER

          The Honorable Richard A. Jones, United States District Judge.

         I. INTRODUCTION

         This matter is before the Court on the motion for judgment on the pleadings filed by Defendant JBS Carrier's Inc. (“JBS”) and the motion to intervene filed by Interested Parties Washington State Attorney General, Washington State Department of Labor and Industries (the “State”). Dkt. ## 23, 24. For the reasons below, the Court DENIES JBS's motion and GRANTS the State's motion.

         II. BACKGROUND

         In 2011, the Federal Motor Carrier Safety Administration (“FMCSA”) issued a final rule mandating breaks for commercial motor vehicle drivers. See 49 C.F.R. 395.3(a)(3)(ii) (effective July 1, 2013). On December 21, 2018, the FMCSA issued an Order determining that California's meal and rest break rules were preempted by federal law and hours of service regulations. California's Meal and Rest Break Rules for Commercial Motor Vehicle Drivers; Petition for Determination of Preemption (“2018 Decision”), 83 Fed. Reg. 67470, 67470 (Dec. 28, 2018). The State of California has sought review of the FMCSA's 2018 Decision in the Ninth Circuit. See Labor Commissioner for the State of California v. Fed. Motor Carrier Safety Admin., No. 19-70329, (9th Cir. May 30, 2019).

         JBS moves for judgment on the pleadings and dismissal of Plaintiff's claims for failure to provide paid rest periods and overtime pay under Washington law. Dkt. # 23. JBS argues that Washington's meal and rest break requirements are preempted given FMCSA's 2018 Decision and that RCW 49.46.130(2)(g)(ii) exempts JBS from paying Plaintiff's overtime wages. Id. The State seeks to intervene to address JBS's arguments concerning its meal and rest break requirements. Dkt. # 24.

         III. DISCUSSION

         A. The State's Motion to Intervene

         In its motion, the State claims that Rule 5.1(c) provides it with a mandatory right to intervene if a constitutional question is presented. Dkt. # 24. See Fed. R. Civ. P. 5.1 (permitting state attorney general to intervene where pleading draws the constitutionality of a state statute into question). The State claims that because JBS argues the Federal Motor Carrier Act, 49 U.S.C. § 31501 et seq., and its hours of service regulations preempt Washington's rest break laws, a constitutional question is presented and Rule 5.1(c) is triggered. Additionally, the State claims a mandatory right to intervene under Rule 24(a)(1) and 28 U.S.C. § 2403. See 28 U.S.C. § 2403 (permitting state attorney general to intervene where constitutionality of state statute affecting the public interest is drawn into question); Fed.R.Civ.P. 24(a)(1) (permitting intervention where one is given an unconditional right to intervene under a federal statute). Alternatively, the State claims it has a permissive right to intervene under Rule 24(a)(2) and (b)(2).

         The Court finds that the State does not have a mandatory right to intervene because preemption in this context is not a constitutional issue. The Ninth Circuit has said that “although preemption has its doctrinal base in the Constitution, the question is largely one of determining the compatibility of a state and federal statutory scheme. No. constitutional issues of substance are presented.” Knudsen Corp. v. Nevada State Dairy Comm'n, 676 F.2d 374, 377 (9th Cir. 1982); see also Hotel Employees and Restaurant Employees Int'l Union v. Nevada Gaming Comm'n, 984 F.2d 1507, 1512 (9th Cir. 1993) (“[P]reemption is not a constitutional issue.”).

         Rule 24(b) authorizes the permissive intervention of a government agency where a party's claim or defense is based on a statute administered by the agency. Fed.R.Civ.P. 24(b)(2). Here, the State administers the statute at issue and enforces rest break requirements under which Plaintiff brings his claim. See RCW § 49.12.020; RCW § 43.22.270; WAC 296-126-092(4). Moreover, the Court finds that the State's intervention at this junction does not cause unduly delay or prejudice in the adjudication of the parties' rights. See Fed. R. Civ. P. 24(b)(3). The motion to intervene is GRANTED.

         B. Motion for Judgment on the Pleadings

         Judgment will not be granted unless the movant clearly establishes there are no material issues of fact, and he is entitled to judgment as a matter of law. McSherry v. City of Long Beach, 423 F.3d 1015, 1021 (9th Cir. 2005). In considering a motion for judgment on the pleadings, the Court must accept as true all facts presented in the complaint and answer and draw all reasonable inferences in favor of the non-moving party. Barker v. Riverside Cty. Office of Educ., 584 F.3d 821, 824 (9th Cir. 2009); see also Dworkin v. Hustler Magazine, Inc., 867 F.2d 1188, 1192 (9th Cir. 1989).

         1. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.