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.
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