9TH CIRCUIT SKEPTICAL OF AIRLINES FOR AMERICA PREEMPTION ARGUMENT
December 16, 2020
On November 17, 2020, a federal judge for the U.S. Court of Appeals for the 9th Circuit questioned Airlines for America’s argument that Washington state law regarding paid sick leave is preempted by federal law, asking the lobbying group to explain why a 2014 9th Circuit ruling on preemption does not preclude their argument. In the 2014 Dilts v. Penske Logistics LLC decision, the 9th Circuit held that the California meal and rest break laws were not preempted by the FAA Authorization Act because the state laws did not directly or indirectly address or mandate airline prices or routes. In the current Airlines for America case, the judge asserted that Washington’s Paid Sick Leave Act, enacted in 2016 and which established a uniform minimum wage across the state and also required that employers give out dedicated paid sick leave, also does not involve airline prices, routes, or services. Airlines for America is arguing that the Washington law is preempted by the Airline Deregulation Act and the U.S. Constitution because the law affects interstate commerce in the sense that airline workers taking this additional sick leave can have substantial effects on flight delays and cancellations. The current arguments were part of Airlines for America’s appeal of a district court decision upholding the Washington law. The 9th Circuit has not yet issued a ruling in this appeal.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Andy Orr (aorr@eckertsemans.com or 202-659-6625).
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