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California-Based Flight Attendants Are Protected By California's Overtime And Meal/Rest Break Standards - Employment and HR


While the Ninth Circuit s recent decision in
Bernstein
v. Virgin America, Inc., et al., F.3d , 2021 U.S. App.
LEXIS 5197 (9th Cir. Feb. 23, 2021), gave some wins to the
airlines, air carriers employing California-based flight
crewmembers must, as a practical matter, now abide by the
state s stringent wage and hour laws – even if the
crewmembers in question perform most of their work out of
state.
Background
Bernstein is a class action brought by flight
attendants for Virgin – a former California-based carrier
– who alleged that the carrier violated California s wage
and hour laws. The primary issue was whether California s wage
and hour laws applied. The class members, all of whom were based in ....

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