California wage law not pre-empted by federal airline regs: 9th Circuit

California wage law not pre-empted by federal airline regs: 9th Circuit

A U.S. appeals court has ruled that California wage-and-hour law does not interfere with interstate commerce and applies to Virgin America Inc flight attendants based in the state, but tossed out a ruling that said the airline’s method of paying them for blocks of time rather than for each hour worked was illegal.

A unanimous three-judge panel of the 9th U.S. Circuit Court of Appeals on Tuesday rejected claims by Virgin, represented by Shay Dvoretzky of Skadden Arps Slate Meagher & Flom, that because flight attendants do not spend a majority of their time in California they cannot be subjected to the state’s labor code under the Dormant Commerce Clause of the U.S. Constitution.

To read the full story on Westlaw Today, click here: bit.ly/3uuEoiN

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