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