Mon, 06/07/2021
Recently the U.S. Court of Appeals for the Ninth Circuit issued a decision interpreting the applicability and legality of Washington’s paid sick leave law to the airline industry. The paid sick leave law, enacted in 2016, requires employers provide Washington-based employees at least one-hour of paid sick leave for every 40 hours worked. Additionally, employers are prohibited from penalizing employees for using sick leave, including disciplinary point systems, or requiring medical verification for sick leave absences of fewer than three days.
In Air Transportation of America, Inc. et al. v. Washington Department of Labor & Industries et al., the Ninth Circuit clarified that airline employees are considered Washington-based under the sick leave law if they are based at a Washington airport and work for an airline headquartered in the state. The Court determined that employees who have no relationship with Washington other than flying in and out of the state are not considered Washington-based, and mentioned that Alaska Airlines employees are likely the only airline employees who are covered by the Washington law because Alaska Airlines is headquartered in Washington.
The Court also concluded that the state’s paid sick leave law is not preempted by the Airline Deregulation Act (“ADA”). The ADA preempts state laws that regulate price, route, or service of an air carrier; however, state laws that relate to those are in a tenuous, remote, or peripheral manner are not preempted. The airlines argued that the state law deprived them of the most important tools for minimizing flight crew shortages, such as disciplinary point systems, which can result in flight delays and cancellations. However, because Washington’s paid sick leave law does not bind airlines to particular prices, routes, or services, it does not regulate airlines in the areas detailed in the ADA.
The airlines also argued that the state law is preempted by the dormant Commerce Clause because it would increase unexpected employee absences, causing flight delays and cancellations. They pointed to Virgin America’s compliance with New York City’s Earned Sick Time Act, which contains similar provisions to Washington’s law, and alleged that Virgin America’s compliance resulted in a 1.2 percent increase in flight delays. The Court held that those delays, many of which were minimal in time, were not a substantial burden on interstate commerce, required for dormant Commerce Clause purposes. The Court found that Washington’s law will not severely disrupt operation of interstate transportation and is not preempted by the dormant Commerce Clause.
If you believe the Washington paid sick leave law applies to you, or for more information, contact us at info@mselaborlaw.com.
Disclaimer
This post is for attorney advertising and informational purposes only. Nothing in this post should be construed as legal advice or as creating an attorney-client relationship with McGillivary Steele Elkin LLP or its attorneys. Although McGillivary Steele Elkin LLP seeks to help employees recover backpay and liquidated damages for unpaid overtime work, it cannot guarantee that any potential client in this matter will in fact recover any amount of money. Nothing in this post should be read to contain a promise or guarantee of success on the merits of this pending claim, nor should it create any expectation that joining the lawsuit will result in financial gain. McGillivary Steele Elkin LLP is a Washington, D.C. based law firm located at 1101 Vermont Ave., N.W., Suite 1000 Washington, DC 20005. For any questions related to this post, please call (202) 833-8855 or email at otpay@wmlaborlaw.com.
