Attorney General Bonta Leads Defense of Flight Workers’ Rights from Federal Overreach

OAKLAND — California Attorney General Rob Bonta on Friday led a coalition of 18 attorneys general in opposing a proposed rule from the Federal Aviation Administration (FAA) that would preempt state labor laws and infringe on worker protections for pilots and flight attendants. The proposed federal rule would compromise worker welfare by removing all protections for mid-shift meal and rest breaks. In the comment letter, Attorney General Bonta and the coalition argue that the new regulations would exceed the federal government’s authority, undermine state laws enacted to ensure the well-being of workers, and challenge undisputed judicial precedent. 

“Our pilots and flight attendants are well-trained professionals who work hard to make air travel smooth and comfortable for passengers,” said Attorney General Bonta. “This proposal undermines California and other states’ tireless work to ensure the well-being of this important workforce. This rule is unjustified and we urge the FAA to withdraw its proposal and allow states to follow already-established strong labor laws.” 

In the comment letter, Attorney General Bonta and the coalition ask the FAA to withdraw the proposed rule. Attorney General Bonta and the coalition assert that:

• The proposed rule is an unconstitutional assertion of authority, raising separation of powers and federalism concerns. 
• The FAA cannot unilaterally and after-the-fact declare preemption to override judicial precedent. 
• State meal and rest break laws promote worker welfare without undermining federal aviation safety.
• Concerns about the difficulty of complying with a patchwork of state laws and regulations are overstated.
• The FAA’s reasoning could be applied in future cases to eliminate other worker protections in the airline industry or other industries.

In submitting this comment letter, Attorney General Bonta is joined by the attorneys general of Arizona, Colorado, Connecticut, the District of Columbia, Hawaii, Illinois, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Virginia, and Washington.