Virgin America Appeals Supreme Court’s Ruling to Comply with California Labor Laws
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In recent news, Virgin America appealed the Supreme Court's ruling that California law is not preempted by federal airline regulations.
The Case: Virgin America Inc v. Bernstein
The Court: U.S. Supreme Court
The Case No.: No. 21-60
The Plaintiff: Virgin America Inc v. Bernstein
In 2015, a group of Virgin flight attendants filed a lawsuit accusing Virgin America Airlines of failing to pay them minimum wage and overtime pay, providing meal and rest breaks, and issuing accurate wage statements per California labor law's requirements.
The Defendant: Virgin America Inc v. Bernstein
Virgin's arguments were originally backed by the Ninth Circuit Court due to California law conflicting with the ADA. The ADA preempts state laws that seek to regulate airlines. But last year, the 9th U.S. Circuit Court of Appeals said that does not extend to states' general employment laws (even if it's shown to have an incidental impact on the airline's general operations). The court noted that airlines should be subject to uniform nationwide regulations.
The Case: Virgin America Inc v. Bernstein
In January, the Supreme Court declined to take up a similar case connected to Delta Air Lines Inc. But in November, the court invited the solicitor general to weigh in on Virgin's case, which suggests that the justices are interested in reviewing the issues in the case. In a late May 2022 brief, the solicitor general stated that Virgin can comply with both sets of laws. The legal team stated that at most, the Virgin America Inc v. Bernstein case should be remanded to the 9th Circuit so the lower court can take a closer look at whether California's meal and rest break requirements create an actual conflict with federal regulations.
If you have questions about California employment law or need to discuss wage and hour violations, please contact Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.
