A Virgin America plane takes off from Los Angeles International airport (LAX) in Los Angeles, California, U.S. March 28, 2018. REUTERS/Mike Blake
(Reuters) - The Biden administration has urged the U.S. Supreme Court to reject Virgin America Inc's appeal of a ruling that the company must comply with California wage laws, saying federal airline regulations do not supplant state requirements that apply to all employers.
U.S. Solicitor General Elizabeth Preloger in an amicus brief filed on Tuesday said California laws imposing a minimum wage and mandating meal and rest breaks are not preempted by the federal Airline Deregulation Act (ADA) because they do not affect the "prices, routes, or services" offered by airlines.
The ADA preempts state laws that seek to regulate airlines. But the 9th U.S. Circuit Court of Appeals last year said that does not extend to states' general employment laws, even if they have an incidental impact on airline operations.
In a 2015 lawsuit, a group of Virgin flight attendants accused Virgin of failing to pay them the minimum wage and overtime, providing meal and rest breaks and proper wage statements, per California law.
Virgin did not immediately respond to a request for comment.
Charles Cooper of Cooper & Kirk, who represents the plaintiffs, in an email said: "We are pleased that the solicitor general has, like us, concluded that the Ninth Circuit’s decision below is not in conflict with any decisions of the Supreme Court or another court of...
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