O’Melveny Worldwide

Law360: Airlines Shielded From Mass. Sick Time Law, Court Rules

June 5, 2023

US District Judge Allison D. Burroughs ruled that Massachusetts’ Earned Sick Time Law, or MESTL, is preempted by the federal Airline Deregulation Act, handing a win to Airlines for America in its suit against the state and Attorney General Maura Healey. Airlines for America argued that the “law infringes on Congress’ enumerated power to regulate trade with foreign nations and interstate commerce.” In her ruling, Judge Burroughs stated that “MESTL, in turn, by causing an increase in employees calling out sick, has a clear and direct impact, which is not tenuous, remote or peripheral, on the availability of the airlines’ labor force and therefore their ability to provide these services to customers.” Airlines for America is represented by Chris A. Hollinger, Kristin MacDonnell, Robert A. Siegel, and Karen Gillen of O’Melveny & Myers LLP.

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