January 10, 2022
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SCOTUS won't decide if state wage laws cover flight attendants, for now - Reuters

Delta airplanes are seen at John F. Kennedy International Airport during the spread of the Omicron coronavirus variant in Queens, New York City, U.S., December 26, 2021. REUTERS/Jeenah Moon

  • Court won't consider whether California law applies to Delta flight attendants
  • Airlines claim state laws preempted by federal regulations
  • Supreme Court signaled interest in separate case involving Virgin

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(Reuters) - The U.S. Supreme Court on Monday declined to take up a case about whether California wage law applies to Delta Air Lines Inc flight attendants who are based in the state but spend most of their time in the air, though it could address the issue in a separate pending case.

The court denied Delta's petition for review of a 9th U.S. Circuit Court of Appeals ruling that said state employment laws are not displaced by federal airline regulations because they only have an incidental impact on airline operations.

The plaintiffs in the case claim Delta failed to pay them in a timely manner and omitted information from paystubs that is required by California law.

Delta and other airlines and trade groups have argued that having to comply with state laws will create a costly regulatory patchwork that could disrupt air travel.

The Supreme Court still may soon take up the issue. In November, the court asked the U.S. Department of Justice to weigh in on a similar case involving Virgin America Inc flight attendants, signaling its interest in hearing the case.

Virgin is backed in its case by trade groups including the U.S. Chamber of Commerce and 19 Republican-led states.

Delta, which is represented by former U.S. solicitor general Paul Clement of Kirkland & Ellis, did not immediately respond to a request for comment. Nor did lawyers at Nichols Kaster who represent the plaintiffs.

The case is Delta Air Lines Inc v. Oman, U.S. Supreme Court, No. 21-396.

For Delta: Paul Clement of Kirkland & Ellis

For the plaintiffs: Matthew Helland of Nichols Kaster

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source: https://www.reuters.com/legal/government/scotus-wont-decide-if-state-wage-laws-cover-flight-attendants-now-2022-01-10/

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