AIRLINES SUE WASHINGTON STATE OVER PAID SICK LEAVE LAW
March 9, 2018
On behalf of its member airlines, Airlines for America is suing Washington state in federal court to avoid complying with a mandatory paid sick leave law that took effect January 1, 2018. As background, in 2016, Washington voters passed Initiative 1433 which, in addition to increasing the statewide minimum wage, requires all Washington employers to provide employees at least one hour of paid sick leave for every 40 hours worked. It allows employees to take leave for illness and healthcare needs—both their own and those of their family members, including siblings—and to seek treatment or services related to domestic violence.
Airlines for America argued that the paid sick leave mandate, when applied to Washington-based pilots and flight attendants who spend most of their working hours outside of Washington, is unconstitutional and contravenes the federal Airline Deregulation Act. It also claims airlines already provide paid sick leave benefits, negotiated through collective bargaining agreements, which can be more generous than what Washington now requires.
According to a spokesperson for the Washington Department of Labor and Industries, the lawsuit is under review by the Washington Attorney General’s Office, which will determine the state’s course of action. Airlines for America argued that “[u]niformity in regulation of air carriers from one end of a route to another is a national necessity” and that such a uniform standard was called for in the Airline Deregulation Act.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).
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